Section 5(3)

Where an invention or other matter contained in the application in suit was also disclosed in two earlier relevant applications filed by the same applicant as in the case of the application in suit or a predecessor in title of his and the second of those relevant applications was specified in or in connection with the application in suit, the second of those relevant applications shall, so far as concerns that invention or matter, be disregarded unless— it was filed in or in respect of the same country as the first; and not later than the date of filing the second, the first (whether or not so specified) was unconditionally withdrawn, or was abandoned or refused, without— having been made available to the public (whether in the United Kingdom or elsewhere); leaving any rights outstanding; and having served to establish a priority date in relation to another application, wherever made.

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