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Revised Statute from The UK Statute Law Database

Patents Act 1977 (c. 37)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Patents Act 1977

1977 CHAPTER 37

Contents

Go to Preamble

  1. Part I

    New Domestic Law

    1. Patentability

      1. 1. Patentable inventions

      2. 2. Novelty

      3. 3. Inventive step

      4. 4. Industrial application

      5. 5. Priority date

      6. 6. Disclosure of matter, etc., between earlier and later applications

    2. Right to apply for and obtain a patent and be mentioned as inventor

      1. 7. Right to apply for and obtain a patent

      2. 8. Determination before grant of questions about entitlement to patents, etc

      3. 9. Determination after grant of questions referred before grant

      4. 10. Handling of application by joint applicants

      5. 11. Effect of transfer of application under s. 8 or 10

      6. 12. Determination of questions about entitlement to foreign and convention patents, etc

      7. 13. Mention of inventor

    3. Applications

      1. 14. Making of application

      2. 15. Date of filing application

      3. 16. Publication of application

    4. Examination and search

      1. 17. Preliminary examination and search

      2. 18. Substantive examination and grant or refusal of patent

      3. 19. General power to amend application before grant

      4. 20. Failure of application

      5. 21. Observations by third party on patentability

    5. Security and safety

      1. 22. Information prejudicial to defence of realm or safety of public

      2. 23. Restrictions on applications abroad by United Kingdom residents

    6. Provisions as to patents after grant

      1. 24. Publication and certificate of grant

      2. 25. Term of patent

      3. 26. Patent not to be impugned for lack of unity

      4. 27. General power to amend specification after grant

      5. 28. Restoration of lapsed patents

      6. 28A. Effect of order for restoration of patent

      7. 29. Surrender of patents

    7. Property in patents and applications, and registration

      1. 30. Nature of, and transactions in, patents and applications for patents

      2. 31. Nature of, and transactions in, patents and applications for patents in Scotland

      3. 32. Register of patents etc

      4. 33. Effect of registration, etc., on rights in patents

      5. 34. Rectification of register

      6. 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 36. Co-ownership of patents and applications for patents

      8. 37. Determination of right to patent after grant

      9. 38. Effect of transfer of patent under s. 37

    8. Employees’ inventions

      1. 39. Right to employees’ inventions

      2. 40. Compensation of employees for certain inventions

      3. 41. Amount of compensation

      4. 42. Enforceability of contracts relating to employees’ inventions

      5. 43. Supplementary

    9. Contracts as to patented products, etc

      1. 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 45. Determination of parts of certain contracts

    10. Licences of right and compulsory licences

      1. 46. Patentee’s application for entry in register that licences are available as of right

      2. 47. Cancellation of entry made under s. 46

      3. 48.Compulsory licences: general

      4. 48A.Compulsory licences: WTO proprietors

      5. 48B.Compulsory licences: other cases

      6. 49. Provisions about licences under s. 48

      7. 50. Exercise of powers on applications under s. 48

      8. 51. Powers exercisable in consequence of report of Monopolies and Mergers Commission

      9. 52.Opposition, appeal and arbitration

      10. 53. Compulsory licences; supplementary provisions

      11. 54. Special provisions where patented invention is being worked abroad

    11. Use of patented inventions for services of the Crown

      1. 55. Use of patented inventions for services of the Crown

      2. 56. Interpretation, etc., of provisions about Crown use

      3. 57. Rights of third parties in respect of Crown use

      4. 57A. Compensation for loss of profit

      5. 58. References of disputes as to Crown use

      6. 59. Special provisions as to Crown use during emergency

    12. Infringement

      1. 60. Meaning of infringement

      2. 61. Proceedings for infringement of patent

      3. 62. Restrictions on recovery of damages for infringement

      4. 63. Relief for infringement of partially valid patent

      5. 64. Right to continue use begun before priority date

      6. 65. Certificate of contested validity of patent

      7. 66. Proceedings for infringement by a co-owner

      8. 67. Proceedings for infringement by exclusive licensee

      9. 68. Effect of non-registration on infringement proceedings

      10. 69. Infringement of rights conferred by publication of application

      11. 70. Remedy for groundless threats of infringement proceedings

      12. 71. Declaration or declarator as to non-infringement

    13. Revocation of patents

      1. 72. Power to revoke patents on application

      2. 73. Comptroller’s power to revoke patents on his own initiative

    14. Putting validity in issue

      1. 74. Proceedings in which validity of patent may be put in issue

    15. General provisions as to amendment of patents and applications

      1. 75. Amendment of patent in infringement or revocation proceedings

      2. 76. Amendments of applications and patents not to include added matter

      3. 76A.Biotechnological inventions

  2. Part II

    Provisions about International Conventions

    1. European patents and patent applications

      1. 77. Effect of European patent (UK)

      2. 78. Effect of filing an application for a European patent (UK)

      3. 79. Operation of s. 78 in relation to certain European patent applications

      4. 80. Authentic text of European patents and patent applications

      5. 81. Conversion of European patent applications

      6. 82. Jurisdiction to determine questions as to right to a patent

      7. 83. Effect of patent decisions of competent authorities of other states

      8. 84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. 85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Community patents

      1. 86. Implementation of Community Patent Convention

      2. 87. Decisions on Community Patent Convention

      3. 88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. International applications for patents

      1. 89. Effect of international application for patent

      2. 89A. International and national phases of application

      3. 89B. Adaptation of provisions in relation to international application

    4. Convention countries

      1. 90. Orders in Council as to convention countries

    5. Miscellaneous

      1. 91. Evidence of conventions and instruments under conventions

      2. 92. Obtaining evidence for proceedings under the European Patent Convention

      3. 93. Enforcement of orders for costs

      4. 94. Communication of information to the European Patent Office, etc

      5. 95. Financial provisions

  3. Part III

    Miscellaneous and General

    1. Legal Proceedings

      1. 96. The Patents Court

      2. 97. Appeals from the comptroller

      3. 98. Proceedings in Scotland

      4. 99. General powers of the court

      5. 99A. Power of Patents Court to order report

      6. 99B. Power of Court of Session to order report

      7. 100. Burden of proof in certain cases

      8. 101. Exercise of comptroller’s discretionary powers

      9. 102. Right of audience, &c. in proceedings before comptroller

      10. 102A. Right of audience, &c. in proceedings on appeal from the comptroller

      11. 103. Extension of privilege for communications with solicitors relating to patent proceedings

      12. 104. Privilege for communications with patent agents relating to patent proceedings

      13. 105. Extension of privilege in Scotland for communications relating to patent proceedings

      14. 106. Costs and expenses in proceedings before the Court under s. 40

      15. 107. Costs and expenses in proceedings before the comptroller

      16. 108. Licences granted by order of comptroller

    2. Offences

      1. 109. Falsification of register etc

      2. 110. Unauthorised claim of patent rights

      3. 111. Unauthorised claim that patent has been applied for

      4. 112. Misuse of title “Patent Office”

      5. 113. Offences by corporations

      6. 114.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 115.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Immunity of department

      1. 116. Immunity of department as regards official acts

    4. Administrative provisions

      1. 117. Correction of errors in patents and applications

      2. 118. Information about patent applications and patents, and inspection of documents

      3. 119. Service by post

      4. 120. Hours of business and excluded days

      5. 121. Comptroller’s annual report

    5. Supplemental

      1. 122. Crown’s right to sell forfeited articles

      2. 123. Rules

      3. 124. Rules, regulations and orders; supplementary

      4. 125. Extent of invention

      5. 125A. Disclosure of invention by specification: availablity of samples of biological material

      6. 126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 127. Existing patents and applications

      8. 128. Priorities between patents and applications under 1949 Act and this Act

      9. 129. Application of Act to Crown

      10. 130. Interpretation

      11. 131. Northern Ireland

      12. 131A.Scotland

      13. 132. Short title, extent, commencement, consequential amendments and repeals

  4. SCHEDULE A1

    DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS

  5. SCHEDULE A2

    BIOTECHNOLOGICAL INVENTIONS

  6. SCHEDULE 1

    Application of 1949 Act to existing patents and applications

  7. SCHEDULE 2

    Application of this Act to Existing Patents and Applications

  8. SCHEDULE 3

    REPEALS OF PROVISIONS OF 1949 ACT

  9. SCHEDULE 4

    Transitional Provisions

  10. SCHEDULE 5

    CONSEQUENTIAL AMENDMENTS

  11. SCHEDULE 6

    ENACTMENTS REPEALED

An Act to establish a new law of patents applicable to future patents and applications for patents; to amend the law of patents applicable to existing patents and applications for patents; to give effect to certain international conventions on patents; and for connected purposes.

[29th July 1977]

Annotations:

Modifications etc. (not altering text)

C1Act extended (with modifications) (2.1.1993) by S.I. 1992/3091, reg.5

Act extended (8.2.1997) by S.I. 1996/3120, reg. 5

Act applied (8.2.1997) by S.I. 1997/64, rule 9

Act extended (1.3.2002) by The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002 (S.I. 2002/247), reg. 26(1) (subject to reg. 26(2)(3))

Extent Information

E1This Act does not extend to the Channel Islands or the Colonies for extent provision see s. 132(2)

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