PA 89 – Effect of international application for patent

Question 1

What does S89 concern

Answer 1

effects of international applications for patents

Question 2

What parts of the UK PA 1977 are PCT applications treated as a GB application for

Answer 2

parts I and III (domestic law & misc) S89(1)

Question 3

nder what circumstances are PCT applications treated as GB applications

Answer 3

S89
(1) always
(2) unless the application or GB designation is withdrawn or deemed so in the PCT phase
(3) unless it is decided that this was due to an error by a PCT body, or failure of a RO to forward the application to the IB in time, or where a corresponding missed deadline could have been extended under UKPA Rule 107 or 108

Question 4

When can an PCT application designating GB be allowed as a GB filing

Answer 4

S89(5)
If the application was refused a filing date due to an error by a PCT body the Comptroller may decide to allow a GB filing with a date as they direct.