ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 81 – Conversion of European patent applications
( shown with the amendment of section 81(2)(c) to be made by the RRO )
(1)The comptroller may direct that on compliance with the relevant conditions mentioned in subsection (2) below an application for a European patent (UK) shall be treated as an application for a patent under this Act in the following cases –
(a)where the application is deemed to be withdrawn under the provisions of the European Patent Convention relating to the restriction of the processing of applications;
(b)where under the convention the application is deemed to be withdrawn because it has not, within the period required by the convention, been received by the European Patent Office
where the application is deemed to be withdrawn under the provisions of the European Patent Convention relating to the time for forwarding applications to the European Patent Office.
(2)The relevant conditions referred to above are that –
(a)in the case of an application falling within subsection (1)(a) above, the European Patent Office transmits a request of the applicant to the Patent Office that his application should be converted into an application under this Act, together with a copy of the files relating to the application;
(b)in the case of an application falling within subsection (1)(b) above that –
(i)the applicant requests the comptroller within the relevant prescribed period (where the application was filed with the Patent Office) to give a direction under this section, or
(ii)the central industrial property office of a country which is party to the convention, other than the United Kingdom, with which the application was filed transmits within the relevant prescribed period a request that the application should be converted into an application under this Act, together with a copy of the application; and
(c)in either case that the applicant within the relevant prescribed period pays the application fee and if the application is in a language other than English, files a translation into English of the application and of any amendments previously made in accordance with the convention.