Patents Act 1977
Patents Act 1977 (1977 c. 37)
- Patents Act 1977 (1977 c. 37)
- Part I New Domestic Law
- Patentability
- 1 Patentable inventions.
- 2 Novelty.
- 3 Inventive step.
- 4 Industrial application.
- 4A Methods of treatment or diagnosis
- 5 Priority date.
- 6 Disclosure of matter, etc., between earlier and later applications.
- Right to apply for and obtain a patent and be mentioned as inventor
- 7 Right to apply for and obtain a patent.
- 8 Determination before grant of questions about entitlement to patents, etc.
- 9 Determination after grant of questions referred before grant.
- 10 Handling of application by joint applicants.
- 11 Effect of transfer of application under s. 8 or 10.
- 12 Determination of questions about entitlement to foreign and convention patents, etc.
- 13 Mention of inventor.
- Applications
- 14 Making of application.
- 15 Date of filing application.
- 15A Preliminary examination
- 16 Publication of application.
- Examination and search
- 17 Search.
- 18 Substantive examination and grant or refusal of patent.
- 19 General power to amend application before grant.
- 20 Failure of application.
- 20A Reinstatement of applications
- 20B Effect of reinstatement under section 20A
- 21 Observations by third party on patentability.
- Security and safety
- 22 Information prejudicial to national security or safety of public.
- 23 Restrictions on applications abroad by United Kingdom residents.
- Provisions as to patents after grant
- 24 Publication and certificate of grant.
- 25 Term of patent.
- 26 Patent not to be impugned for lack of unity.
- 27 General power to amend specification after grant.
- 28 Restoration of lapsed patents.
- 28A Effect of order for restoration of patent.
- 29 Surrender of patents.
- Property in patents and applications, and registration
- 30 Nature of, and transactions in, patents and applications for patents.
- 31 Nature of, and transactions in, patents and applications for patents in Scotland.
- 32 Register of patents etc.
- 33 Effect of registration, etc., on rights in patents.
- 34 Rectification of register.
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 Co-ownership of patents and applications for patents.
- 37 Determination of right to patent after grant.
- 38 Effect of transfer of patent under s. 37.
- Employees’ inventions
- 39 Right to employees’ inventions.
- 40 Compensation of employees for certain inventions.
- 41 Amount of compensation.
- 42 Enforceability of contracts relating to employees’ inventions.
- 43 Supplementary.
- Contracts as to patented products, etc.
- 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45 Determination of parts of certain contracts.
- Licences of right and compulsory licences
- 46 Patentee’s application for entry in register that licences are available as of right.
- 47 Cancellation of entry made under s. 46.
- 48 Compulsory licences: general.
- 48A Compulsory licences: WTO proprietors.
- 48B Compulsory licences: other cases.
- 49 Provisions about licences under s. 48.
- 50 Exercise of powers on applications under s. 48.
- 50A Powers exercisable following merger and market investigations
- 51 Powers exercisable in consequence of report of Competition and Markets Authority.
- 52 Opposition, appeal and arbitration.
- 53 Compulsory licences; supplementary provisions.
- 54 Special provisions where patented invention is being worked abroad.
- Use of patented inventions for services of the Crown
- 55 Use of patented inventions for services of the Crown.
- 56 Interpretation, etc., of provisions about Crown use.
- 57 Rights of third parties in respect of Crown use.
- 57A Compensation for loss of profit.
- 58 References of disputes as to Crown use.
- 59 Special provisions as to Crown use during emergency.
- Infringement
- 60 Meaning of infringement.
- 61 Proceedings for infringement of patent.
- 62 Restrictions on recovery of damages for infringement.
- 63 Relief for infringement of partially valid patent.
- 64 Right to continue use begun before priority date.
- 65 Certificate of contested validity of patent.
- 66 Proceedings for infringement by a co-owner.
- 67 Proceedings for infringement by exclusive licensee.
- 68 Effect of non-registration on infringement proceedings.
- 69 Infringement of rights conferred by publication of application.
- 70 Threats of infringement proceedings
- 70A Actionable threats
- 70B Permitted communications
- 70C Remedies and defences
- 70D Professional advisers
- 70E Supplementary: pending registration
- 70F Supplementary: proceedings for delivery up etc.
- Declaration or declarator as to non-infringement
- 71 Declaration or declarator as to non-infringement
- Revocation of patents
- 72 Power to revoke patents on application.
- 73 Comptroller’s power to revoke patents on his own initiative.
- Putting validity in issue
- 74 Proceedings in which validity of patent may be put in issue.
- Opinions by Patent Office
- 74A Opinions on matters prescribed in the rules
- 74B Reviews of opinions under section 74A
- General provisions as to amendment of patents and applications
- 75 Amendment of patent in infringement or revocation proceedings.
- 76 Amendments of applications and patents not to include added matter.
- 76A Biotechnological inventions
- Part II Provisions about International Conventions
- European patents and patent applications
- 77 Effect of European patent (UK).
- 78 Effect of filing an application for a European patent (UK).
- 79 Operation of s. 78 in relation to certain European patent applications.
- 80 Authentic text of European patents and patent applications.
- 81 Conversion of European patent applications.
- 82 Jurisdiction to determine questions as to right to a patent.
- 83 Effect of patent decisions of competent authorities of other states.
- 83A European patent with unitary effect and Unified Patent Court
- 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Community patents
- 86 Implementation of Community Patent Convention.
- 87 Decisions on Community Patent Convention.
- 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Unified Patent Court
- 88A Implementation of Agreement on a Unified Patent Court
- 88B Designation as international organisation of which UK is member
- International applications for patents
- 89 Effect of international application for patent.
- 89A International and national phases of application.
- 89B Adaptation of provisions in relation to international application.
- Convention countries
- 90 Orders in Council as to convention countries.
- Miscellaneous
- 91 Evidence of conventions and instruments under conventions.
- 92 Obtaining evidence for proceedings under the European Patent Convention.
- 93 Enforcement of orders for costs.
- 94 Communication of information to the European Patent Office, etc.
- 95 Financial provisions.
- Part III Miscellaneous and General
- Legal Proceedings
- 96 The Patents Court.
- 97 Appeals from the comptroller.
- 98 Proceedings in Scotland.
- 99 General powers of the court.
- 99A Power of Patents Court to order report.
- 99B Power of Court of Session to order report.
- 100 Burden of proof in certain cases.
- 101 Exercise of comptroller’s discretionary powers.
- 102 Right of audience, &c. in proceedings before comptroller.
- 102A Right of audience, &c. in proceedings on appeal from the comptroller.
- 103 Extension of privilege for communications with solicitors relating to patent proceedings.
- 104 Privilege for communications with patent agents relating to patent proceedings.
- 105 Extension of privilege in Scotland for communications relating to patent proceedings.
- 106 Costs and expenses in proceedings before the Court ....
- 107 Costs and expenses in proceedings before the comptroller.
- 108 Licences granted by order of comptroller.
- Offences
- 109 Falsification of register etc.
- 110 Unauthorised claim of patent rights.
- 111 Unauthorised claim that patent has been applied for.
- 112 Misuse of title “Patent Office”.
- 113 Offences by corporations.
- 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Immunity of department
- 116 Immunity of department as regards official acts.
- Administrative provisions
- 117 Correction of errors in patents and applications.
- 117A Effect of resuscitating a withdrawn application under section 117
- 117B Extension of time limits specified by comptroller
- 118 Information about patent applications and patents, and inspection of documents.
- 118A. Copyright in documents made available electronically for inspection under section 118(1)
- 119 Service by post.
- 120 Hours of business and excluded days.
- 121 Comptroller’s annual report.
- Supplemental
- 122 Crown’s right to sell forfeited articles.
- 123 Rules.
- 124 Rules, regulations and orders; supplementary.
- 124A. Use of electronic communications
- 125 Extent of invention.
- 125A Disclosure of invention by specification: availablity of samples of biological material.
- 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 127 Existing patents and applications.
- 128 Priorities between patents and applications under 1949 Act and this Act.
- 128A. Compulsory pharmaceutical licences
- 128B. Supplementary protection certificates
- 129 Application of Act to Crown.
- 130 Interpretation.
- 131 Northern Ireland.
- 131A Scotland
- 132 Short title, extent, commencement, consequential amendments and repeals.
- SCHEDULES
- SCHEDULE A1 DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS
- Interpretation
- Specified species
- Liability to pay equitable remuneration
- Exemption for small farmers
- Information to be supplied by farmer
- Information to be supplied by seed processor
- Information to be supplied by relevant rights holder
- Period in respect of which inquiry may be made
- Restriction on movement for processing from the holding
- Confidentiality
- Formalities
- Remedies
- SCHEDULE A2 BIOTECHNOLOGICAL INVENTIONS
- SCHEDULE A3 EUROPEAN PATENT WITH UNITARY EFFECT
- Meaning of “relevant statutory provisions”
- Provisions applied by this Schedule to the European patent with unitary effect
- Manner of application of relevant statutory provisions
- Modifications of relevant statutory provisions
- Interpretation
- SCHEDULE A4 THE UNIFIED PATENT COURT
- Jurisdiction
- Transitional provisions
- Modifications of law applicable where UPC has jurisdiction
- Enforcement
- Interpretation
- SCHEDULE 1 Application of 1949 Act to existing patents and applications
- SCHEDULE 2 Application of this Act to Existing Patents and Applications
- SCHEDULE 3 REPEALS OF PROVISIONS OF 1949 ACT
- SCHEDULE 4 Transitional Provisions
- General
- Use of patented invention for services of the Crown
- Infringement
- Notice of opposition
- Secrecy
- Revocation
- Licences of right and compulsory licences
- Convention countries
- Appeals from court on certain petitions for revocation
- Appeals from comptroller under continuing provisions of 1949 Act
- Appeals from comptroller under repealed provisions of 1949 Act
- Appeals from Appeal Tribunal to Court of Appeal
- Rules
- Supplementary
- SCHEDULE 4A SUPPLEMENTARY PROTECTION CERTIFICATES
- References to patents etc
- References to this Act etc
- Other references
- Fees
- Interpretation
- Transitional provision
- SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
- Defence Contracts Act 1958 (c. 38)
- Administration of Justice Act 1970 (c. 31)
- Atomic Energy Authority (Weapons Group) Act 1973 (c. 4)
- SCHEDULE 6 ENACTMENTS REPEALED
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