Translation of priority documents

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Corresponding 2007 Rule: Rule 9

6C.-(1) The comptroller may direct the applicant to comply with the requirements of paragraph (4), if—
  • (a) a copy of the priority application—
    • (i) was furnished in accordance with rule 6B(2);
    • (ii) was filed in compliance with rule 38(3) of the Implementing Regulations to the European Patent Convention;
    • (iii) was filed in compliance with rule 17.1 of the Regulations made under the Patent Co –operation Treaty; or
    • (iv) has been made by the comptroller in accordance with rule 112A(2);
  • (b) that copy is in a language other than English; and
  • (c) the matters disclosed in the priority application are relevant to the determination of whether or not an invention, to which the application in suit relates, involves an inventive step.

(2) In his direction under paragraph (1), the comptroller shall specify a period within which the applicant must comply with the requirements of paragraph (4).

(3) The comptroller shall not specify a period under paragraph (2) that ends after the grant of the patent.

(4) Where the comptroller has given a direction under paragraph (1), the applicant shall, before the end of the period specified by the comptroller, file—
  • (a) an English translation of the priority application; or
  • (b) a declaration that the application in suit is a complete translation into English of the priority application,
otherwise the declaration made for the purposes of section 5(2), in so far as it relates to the priority application, shall be disregarded.