12) EPC Flashcards
Section 77
Effect of a European Patent
(1) A granted EP(GB) is treated as a GB patent.
(2) But this does not affect any EPC provisions that relate to amendment (i.e., central limitation) or revocation of the EP(GB).
(3) If infringement proceedings are pending and have not yet concluded, and the EPO finds the patent to be only partially valid, then EP(GB) shall be treated as only partially valid.
(4) An EP(GB) amended under the EPC is treated as amended under this Act.
(4A) An EP(GB) revoked under the EPC is treated as revoked under this Act.
(5) If an EP(GB) is revoked by the EPO for missing a time limit and then restored, but in the meantime someone in the UK began an otherwise infringing act (or made serious and effective preparation to do so) in good faith, then they have the usual third party rights.
(5A) In the case that an EP(GB) is so revoked and restored, any missed renewal fees or the like are payable within a prescribed period.
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Section 78
Effect of Filing an Application for EP(GB)
(1) An EPC filing date is equivalent to a UK filing date.
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(3) A filing date, priority declaration, statement of the name of the inventor, publication of application and registration in the EP register that are valid under the EPC are accepted as the equivalent under this Act.
(5) The above does not apply if the application is refused or withdrawn or if the GB designation is withdrawn (but they will apply again if the designation is re-established).
(5A) [This subsection clarifies that s2(3) art includes EP applications regardless of whether or not their GB designation is withdrawn.]
(6) If sections (1)-(3) above cease to apply and then later re-apply, third party rights for those acting in good faith in the intervening period accrue as normal (as per s20B).
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(7) A French or German language EP(GB) publication counts as a published UK application for the purposes of s69 (rights conferred upon publication) once a English translation of the claims has been filed at and published by the UKIPO (or likewise, if the translation is sent directly to the offending party).
Section 79
s78 in relation to PCT(EP(GB))s
[A PCT(EP(GB)) is treated like an EP(GB) under s78, except that since the UK treats the EP publication as its own publication, then in turn the EPC@s conditions on treating a PCT publication as its own publication also become relevant. Specifically, the EPC requires a publication of the application in English, French or German.]
Section 80
Authentic Text of EP Patents
(1, 2) The authentic text for domestic purposes is the English translation, except for revocation proceedings where it is the text in the language used in proceedings at the EPO.
(3, 4) If a translation error has resulted in narrower GB protection than that of the granted EP in the language of proceedings, then a corrected translation can be supplied and published. However, infringement proceedings cannot be brought against an existing infringer who infringes the new wider protection but who did not infringe the original narrower protection, unless the proprietor sent them a corrected translation before they started infringing. Such people have the usual third party rights.
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Rule 114 - s78
Translations in proceedings before the Comptroller for EP(GB)s
In proceedings before the Comptroller regarding EP(GB)s (including s74A opinion requests), whoever started the proceedings needs to provide an English translation of the specification if it was published in French or German, unless such a translation has been filed before or the Comptroller thinks it is unnecessary.
If, during the course of the proceedings, the Comptroller allows the application to be amended, the proprietor shall file at the UKIPO a translation of the amendments into the language of the EP(GB) as published.
