328. Effect of international application for patent.

An international application for a patent (UK)1 for which a date of filing has been accorded under the Patent Co-operation Treaty is treated2 as an application for a patent under the Patents Act 19773.

If the application, or the designation of the United Kingdom in it, is withdrawn or deemed4 to be withdrawn under the Treaty, it is treated as withdrawn under the Patents Act 19775.

An application is not, however, treated as withdrawn under the Patents Act 1977 if it, or the designation of the United Kingdom in it, is deemed to be withdrawn under the Treaty:

  1.  

    (1)     because of