PA 73 – Comptroller's power to revoke patents on his own initiative

Question 1

was does S73 concern

Answer 1

the Comptrollers power to revoke

Question 2

When can the Comptroller revoke a patent

Answer 2

S73
(1) Where the Comptroller determines that, after grant, a prior art document denies novelty by virtue of S2(3), they may revoke the patent. (i.e. to avoid double patenting)
(1A) Where the Comptroller issues an opinion under S74A that the patent is not novel or inventive (Comptrollers opinion on validity) (1B) after the period for requesting review (S74B) has elapsed or after any review or subsequent appeal has occurred.
(2) Where an EP(GB) notice of grant is given a corresponding GB patent WILL be revoked

Question 3

What can the proprietor do if the Comptroller revokes a patent due to S2(3) prior art

Answer 3

S73(1)
They can object and can also amend if possible, subject to S76 (added matter)

Question 4

When will a corresponding GB patent not be revoked when a corresponding EP(GB) is granted

Answer 4

S73
(2) if the proprietor can show them to have different claimed matter, or AMEND one to achieve this

(4) if an application to surrender a previously granted EP(GB) patent under s29(1) is made before the date of grant of the native GB application, the native GB patent will not be revoked

Question 5

What is the timescale for a GB patent to be revoked when an EP(GB) patent is granted with the same subject matter

Answer 5

S73(3)
Revocation will NOT occur UNTIL after the EP opposition period, or opposition proceedings have finished (as a revoked patent on opposition would never have existed as it is done ab initio)