Schedule 1paragraph 8
40.Section 89B(2) states that an international application is treated as published under section 16 when it enters the national phase – provided it has already been published as an international application under the PCT. Paragraph 8 amends section 89B(2) to make it clear that this applies whether the international application enters the national phase early, or enters the national phase at the end of the time period for doing so.
41.If the application has not yet been published under the PCT when it enters the national phase, the new provision makes clear that the application is not treated as published under section 16 until publication under the PCT has taken place.