Patents Act 1977

Cited authorities 119

Cited in

Amendments 1042

Jurisdiction	UK Non-devolved
Citation	1977 c. 37
Year	1977

Contenidos

Patents Act 1977
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.: No person may in any proceeding object to a patent or to an amendment of a specification of a patent on the ground that the claims contained in the specification of the patent, as they stand or, as the case may be, as proposed to be amended, relate—
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.: Where by virtue of a transaction, instrument or event to which section 33 above applies a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is subsequently infringed... before the transaction, instrument or event is registered , in proceedings for such an infringement, the court or comptroller shall not award him costs or expenses unless—
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.

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Patents Act 1977

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