Patents Act 2004
Jurisdiction | UK Non-devolved |
Citation | 2004 c. 16 |
- “(1) A patent shall not be granted for the invention of—
- (a) a method of treatment of the human or animal body by surgery or therapy, or
- (b) a method of diagnosis practised on the human or animal body.
- “(6) In considering whether or not to allow an application under this section, the comptroller shall have regard to any relevant principles applicable under the European Patent Convention.
- and
- (b) the relief is sought in good faith
- (b) the relief is sought in good faith, and
- “(5) In considering whether or not to allow an amendment proposed under this section, the court or the comptroller shall have regard to any relevant principles applicable under the European Patent Convention.
- “(4) The court or the comptroller may also grant relief under this section in the case of a European patent (UK) on condition that the claims of the patent are limited to its or his satisfaction by the European Patent Office at the request of the proprietor.
- “(9A) The court may also grant such relief in the case of a European patent (UK) on condition that the claims of the patent are limited to its satisfaction by the European Patent Office at the request of the proprietor.
- “(3A) If, before registration of a reference under section 8 above resulting in the making of an order under subsection (3) of that section, the condition in subsection (3) (a) or (b) above is met, the original applicant or any of the applicants or the licensee shall, on making a request within the prescribed period to the new applicant, be entitled to be granted a licence (but not an exclusive licence) to continue working or, as the case may be, to work the invention so far as it is the subject of the new application.
- “(1A) This subsection applies to an application if—
- (a) the application contains information which relates to military technology or for any other reason publication of the information might be prejudicial to national security; or
- (b) the application contains information the publication of which might be prejudicial to the safety of the public.
- “(3A) A person is liable under subsection (3) above only if—
- (a) he knows that filing the application, or causing it to be filed, would contravene this section; or
- (b) he is reckless as to whether filing the application, or causing it to be filed, would contravene this section.
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