Section 37(4)

Where the comptroller finds on a reference under this section that the patent was granted to a person not entitled to be granted that patent (whether alone or with other persons) and on an application made under section 72 below makes an order on that ground for the conditional or unconditional revocation of the patent, the comptroller may order that the person by whom the application was made or his successor in title may, subject to section 76 below, make a new application for a patent— and where such a new application is made, it shall be treated as having been filed on the date of filing the application for the patent to which the reference relates. in the case of unconditional revocation, for the whole of the matter comprised in the specification of that patent; and in the case of conditional revocation, for the matter which in the opinion of the comptroller should be excluded from that specification by amendment under section 75 below;

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Source: legislation.gov.uk · retrieved 2026-09-04