The Patents Rules 2007

The declared priority date

3.—(1) For the purposes of these Rules the “declared priority date” is the date of filing of the earliest relevant application specified in a declaration made for the purposes of section 5(2) in, or in connection with, an application in suit.

(2) For the purposes of these Rules there is “no declared priority date” if—

(a) no declaration has been made for the purposes of section 5(2); or

(b) every declaration made has been withdrawn or disregarded before the end of the relevant period.

(3) For the purposes of paragraph (2)(b) the relevant period ends—

(a) in the case of an application which falls to be treated as an application for a patent under the Act by virtue of a direction under section 81, when that direction is given;

(b) in the case of an international application for a patent (UK), when the national phase of the application begins; or

(c) in any other case, when preparations for the application’s publication have been completed by the Patent Office.

(4) In this rule references to declarations made for the purposes of section 5(2) include declarations treated as made for those purposes.