Patents Act, 1992

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PART XII

Provisions Regarding International Conventions

Effect of European patent.

119.—(1) Subject to the provisions of this Act, a European patent designating the State shall, as from the publication of the mention of its grant in the European Patent Bulletin, be treated for the purposes of this Act as if it were a patent under this Act granted in pursuance of an application made under Part II and as if notice of the grant of the patent had, on the date of the publication, been published under section 34 in the Journal, and in addition to the foregoing the following shall apply:

(a) the proprietor of a European patent designating the State shall, accordingly, as respects the State have the same rights and remedies and be subject to the same conditions, as the proprietor of a patent granted under this Act;

(b) references in this Act to a patent shall be construed accordingly; and

(c) any statement made and any certificate filed for the purposes of the provision of the European Patent Convention corresponding to section 12 (1) (b) shall be treated respectively as a statement made and certificate filed for the purposes of section 12 (1) (b).

(2) Subsection (1) shall not affect the operation in relation to a European patent designating the State of any provisions of the European Patent Convention relating to the amendment or revocation of such a patent in proceedings before the European Patent Office.

(3) Where, after proceedings for the infringement of a European patent designating the State have been commenced before the Court but have not been finally disposed of, it is established in proceedings before the European Patent Office that the patent is only valid in part, section 50 shall, without prejudice to the jurisdiction of the Court concerning the validity of the European patent insofar as it designates the State, apply in relation to such patent in the same manner as it applies to proceedings in which the validity of a patent granted under this Act is put in issue and in which it is found that the patent so granted is only valid in part.

(4) Subject to subsection (6), where a European patent designating the State is amended or revoked in accordance with the European Patent Convention, the amendment shall be treated for the purposes of this Act as if it had been made, or where appropriate, the patent shall be treated for those purposes as having been revoked, under this Act.

(5) Where—

(a) under the European Patent Convention a European patent designating the State is revoked for failure to observe a time limit and is subsequently restored; and

(b) between the revocation and publication of the fact that it has been restored a person begins in good faith to do an act which would, apart from section 77 , constitute an infringement of the patent or makes in good faith effective and serious preparations to do such an act;

he shall have the same protection as if an order had been made under section 37 (7).

(6) (a) Subsection (1) shall not apply to a European patent designating the State and whose specification was published in French or German, unless a translation in English of the specification is filed at the Office and the prescribed fee is paid before the end of the prescribed period.

(b) Subsection (4) shall not apply to an amendment made in French or German unless a translation in English of the specification as amended is filed at the Office and the prescribed fee is paid before the end of the prescribed period.

(7) Where such a translation is not filed in accordance with subsection (6), the patent shall be treated as always having been void.

(8) The Controller shall publish any translation filed at the Office under subsection (6).