Schedule 1paragraph 7 and paragraph 9, sub-paragraphs (2)(a) and (3)
37.Paragraphs 9(2)(a) and (3) provide a new section 130(4A) making clear that an international application which is treated under the 1977 Act as an application for a European patent (UK) is not – simply by virtue of the designation “EP(UK)” – also to be treated as an international application for a patent (UK).
38.This provision replaces section 89(4), which is omitted by paragraph 7. The approach taken by section 89(4) is no longer meaningful, since that provision assumes that an international application may be filed which designates only “EP(UK)” and not “UK”. As noted in paragraph 43 below, all international applications will now automatically be treated as designating both “UK” and “EP(UK)” on filing.
39.Nevertheless, the effect under new section 130(4A) is essentially unchanged from that under existing section 89(4). Thus if the UK designation on an international application is withdrawn, that application cannot be considered to be an international application for a patent (UK) on the basis that the EP(UK) designation remains.