Patents

PATENTS ACT 1977

as amended at 1st April 2007

INDEX to the PATENTS ACT 1977

PART I - NEW DOMESTIC LAW

Patentability

1 Patentable inventions
2 Novelty
3 Inventive step
4 Industrial application
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 Preliminary examination and 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 defence of realm 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 application for patents in Scotland
32 Register of patents, etc
33 Effect of registration, etc on rights in patents
34 Rectification of register
35 Evidence of register, documents, etc [Repealed]
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44 Avoidance of certain restrictive conditions [Repealed]
45 Determination of parts of certain contracts [Repealed]

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
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 investigation
51 Powers exercisable in consequence of report of Competition Commission
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 Remedy for groundless threats of infringement proceedings
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
74A Opinions as to validity or infringement
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
84 Patent agents and other representatives [Repealed]
85 European patent attorneys [Repealed]

Community patents

86 Implementation of Community Patent Convention
87 Decisions on Community Patent Convention
88 Jurisdiction in legal proceedings in connection with Community Patent Convention [Repealed]

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 [Repealed]
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 [Repealed]
105 Extension of privilege in Scotland for communications relating to patent proceedings
106 Costs and expenses in proceedings before the Court under s.40
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

Patent agents

114 Restrictions on practice as patent agent [Repealed]
115 Power of comptroller to refuse to deal with certain agents [Repealed]

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
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 availability of samples of biological material
126 Stamp duty [Repealed]
127 Existing patents and applications
128 Priorities between patents and applications under 1949 Act and this Act
129 Application of Act to Crown
130 Interpretation
131 Northern Ireland
131A Scotland
132 Short title, extent, commencement, consequential amendments and repeals

Schedule A1

Schedule A2