Section 77(5)

Where— he shall have the rights conferred by section 28A(4) and (5) above, and subsections (6) and (7) of that section shall apply accordingly. under the European Patent Convention or the Agreement on a Unified Patent Court a European patent (UK) is revoked for failure to observe a time limit and is subsequently restored or is revoked by the Board of Appeal and is subsequently restored by the Enlarged Board of Appeal or is revoked and subsequently restored by the Unified Patent Court; and 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 55 above, constitute an infringement of the patent or makes in good faith effective and serious preparations to do such an act;

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