PA 89B – Adaptation of provisions in relation to international application; PR 65-70

Question 1

What does S89B concern

Answer 1

Adaptation of UK provisions in relation to PCT applications

Question 2

What is the filing date of a GB national phase application stemming from a PCT

Answer 2

S89B(1)
a) The filing date of the PCT is also the filing date of the UK application

Question 3

What is the priority date of a GB national phase application stemming from a PCT

Answer 3

S89B(1)
b) Priority claims are respected in the UK (including VALIDLY claimed priority claims over 12M)

Question 4

What details of the inventor(s) are needed for a UK application stemming from a PCT

Answer 4

S89B(1)
c) A statement of name of inventor under the PCT is sufficient for the UK

Question 5

Are UK national phase applications published

Answer 5

S89B(2)
The PCT publication is treated as the UK publication on entry
S89A only translations are published, after the relevant fee is paid

Question 6

When do PCT(GB) applications get rights (i.e. S69 rights upon publication, or crown use rights)

Answer 6

S89B(3)
a) only IF published in English OR
b) once publish in English (during national phase) along with any amendments

(or given to the relevant party in english - i.e. the infringing party is put on notice)

Question 7

What type of entitlement proceedings should be used for PCT applications

Answer 7

S89B(4)
During the international phase S12 (foreign applications)
During national phase S8 (UK applications)

Question 8

How will UK search and examination change for national phase PCT applications

Answer 8

S89B(5)
The extent/requirement of a UK search and Examination will take account of search and examination from the international phase