# Patents Act 1977, Paragraph 6


Notwithstanding anything in section 32(1)(j) of the 1949 Act (ground for revocation that patent was obtained on a false suggestion or representation), it shall not be a ground of revoking a patent under that subsection that the patent was obtained on a false suggestion or representation that a claim of the complete specification of the patent had a priority date earlier than the date of filing the application for the patent, but if it is shown—
(a) on a petition under that section or an application under section 33 of that Act; or
(b) by way of defence or on a counterclaim on an action for infringement;
that such a suggestion or representation was falsely made, the priority date of the claim shall be taken to be the date of filing the application for that patent.

---
Source: https://www.legislation.gov.uk/ukpga/1977/37/schedule/1/paragraph/6 (the official version)
Page: https://openlegislation.uk/patents-act-1977/schedule-1/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

