PATENTS AND DESIGNS ACT 1907

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PATENTS AND DESIGNS ACT 1907 - SECT 91



91.(1) ... any person who has applied for protection for any invention,
design, or trade mark [in a Convention country] [or his legal representative
or assignee] shall be entitled to a patent for his invention or to
registration of his design or trade mark under this Act or the Trade Marks
Act, 1905, in priority to other applicants; and the patent or registration
shall have the same date as the date of the application [in the
Convention country.]

Provided that

(a)The application is [made] in the case of a patent within twelve months, and
in the case of a design or trade mark within [six] months, from the
application for protection [in the Convention country]; and

(b)Nothing in this section shall entitle the patentee or proprietor of the
design or trademark to recover damages for infringements happening prior to
the actual date on which his complete specification is accepted, or his design
or trade mark is registered, in this country.

Subs.(2) rep. by 1949 c.87 s.106 sch.2

(3) The patent granted for the invention or the registration of a design or
trade mark shall not be invalidated

(a)in the case of a patent, by reason only of the publication of a description
of, or use of, the invention; or

(b)in the case of a design, by reason only of the exhibition or use of, or the
publication of a description or representation of, the design; or

(c)in the case of a trade mark, by reason only of the use of the trade mark,

(4) The application for the grant of a patent, or the registration of a
design, or the registration of a trade mark under this section, must be made
in the same manner as an ordinary application under this Act or the Trade
Marks Act, 1905:

[Provided that, in the case of patents, the application] shall be accompanied
by a complete specification, which, if it is not accepted within [eighteen]
months from the application for protection in the [Convention country] [or in
the case of applications made in accordance with the provisions of subsection
(2) of this section from the earliest of the applications for protection in
the [Convention country]] shall with the drawings [samples and specimens] (if
any) be open to public inspection at the expiration of that period; ....

Proviso(b) rep. by 1938 c.29 s.11 sch.

[(5) Where a person has applied for protection for any invention, design or
trade mark by an application which

(a)in accordance with the terms of a treaty subsisting between any two or more
Convention countries, is equivalent to an application duly made in any one of
those Convention countries, or

(b)in accordance with the law of any Convention country, is equivalent to an
application duly made in that Convention country,

Subs.(6) omitted by 1938 c.29 s.11 sch.[

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Northern Irish Legislation

PATENTS AND DESIGNS ACT 1907 - SECT 91