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Updates: The Patents Act 1977 (as amended)

2024

9 October 2024 published amendments

2021

7 January 2021 published amendments

The Patents Act 1977 note to users

Updated with changes made by legislation which came into force at the end of the transition period.

Section 41: Amount of compensation

Updated with changes made by the Higher Education and Research Act 2017.

Section 128A: Compulsory pharmaceutical licences

Section renamed from “EU compulsory licences” and updated with changes made by legislation which came into force at the end of the transition period.

Schedule A1

Changes made by legislation which came into force at the end of the transition period.

2020

12 February 2020 published amendments

Section 5: Priority date

Space entered separating sections of the act.

2018

21 August 2018 published amendments

Section 18: Substantive examination and grant or refusal of patent

Minor change.

Section 19: General power to amend application before grant

Minor change.

Section 20: Failure of application

Minor change.

Section 20A: Reinstatement of applications

Minor change.

Section 20B: Effect of reinstatement under section 20A

Minor change.

Section 21: Observations by third party on patentability

Minor change.

Section 29: Surrender of patents

Minor change.

Section 45: Determination of parts of certain contracts. [repealed]

Minor change.

Section 48: General

Minor change.

Section 48A: WTO proprietors

Minor change.

Section 48B: Other cases

Minor change.

Section 49: Provisions about licences under section 48

Minor change.

Section 50A: Powers exercisable following merger and market investigations

Minor change.

Section 51: Powers exercisable in consequence of report of Competition and Markets Authority

Minor change.

Section 52: Opposition, appeal and arbitration

Minor change.

Section 53: Supplementary provisions

Minor change.

Section 54: Special provisions where patented invention is being worked abroad

Minor change.

Section 55: Use of patented inventions for services of the Crown

Minor change.

Minor change.

Section 56: Interpretation, etc., of provisions about Crown use

Minor change.

Section 57: Rights of third parties in respect of Crown use

Minor change.

Section 59: Special provisions as to Crown use during emergency

Minor change.

Section 70E: Supplementary: Pending registration

Minor change.

Section 86: Implementation of Community Patent Convention. [repealed]

Minor change.

Minor change.

Section 87: Decisions on Community Patent Convention. [repealed]

Minor change.

Minor change.

Section 88: Jurisdiction in legal proceedings in connection with Community Patent Convention. [repealed]

Minor change.

Minor change.

Section 94: Communication of information to the European Patent Office etc.

Title change.

Schedule 1 (section 127): Application of 1949 Act to existing patents and applications

Minor change.

10 August 2018 published amendments

The Patents Act 1977 note to users

Minor change.

Section 1: Patentable inventions

Minor change.

Section 2: Novelty

Minor change.

Section 3: Inventive step

Minor change.

Section 4: Industrial application

Minor change.

Section 4A: Methods of treatment or diagnosis

Minor change.

Section 5: Priority date

Minor change.

Section 6: Disclosure of matter, etc., between earlier and later application

Minor change.

Section 7: Right to apply for and obtain a patent

Change in summary text from 'Patentability' to new text.

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

Change in summary text from 'Patentability' to new text.

Section 9: Determination after grant of questions referred to before grant

Change in summary text from 'Patentability' to new text.

Section 10: Handling of application by joint applicants

Change in summary text from 'Patentability' to new text..

Section 11: Effect of transfer of application under section 8 or 10

Change in summary text from 'Patentability' to new text.

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

Change in summary text from 'Patentability' to new text.

Section 13: Mention of inventor

Change in summary text from 'Patentability' to new text.

Section 14: Making of application

Minor change.

Section 15: Date of filing application

Summary wording change.

Section 15A: Preliminary examination

Summary wording change.

Section 16: Publication of application

Summary wording change.

Section 17: Search

Summary note change.

Section 18: Substantive examination and grant or refusal of patent

Summary note change.

Section 19: General power to amend application before grant

Summary note change.

Section 20: Failure of application

Summary note change.

Section 20A: Reinstatement of applications

Summary note change.

Section 20B: Effect of reinstatement under section 20A

New section added.

Section 21: Observations by third party on patentability

Summary note change.

Section 22: Information prejudicial to national security or safety of public

Summary note change.

Section 23: Restrictions on applications abroad by United Kingdom residents

Summary note change.

Section 24: Publication and certificate of grant

Summary note change.

Section 25: Term of patent

Summary note change.

Section 26: Patent not to be impugned for lack of unity

Summary note change.

Section 27: General power to amend specification after grant

Summary note change.

Section 28: Restoration of lapsed patents

Summary note change.

Section 28A: Effect of order for restoration of patent

Summary note change.

Section 29: Surrender of patents

Summary note change.

Section 30: Nature of, and transactions in, patents and applications for patents

Summary note change.

Section 31: Nature of, and transactions in, patents and applications for patents in Scotland

Summary note change.

Section 32: Register of patents, etc.

Summary note change.

Section 33: Effect of registration, etc., on rights in patents

Summary note change.

Section 34: Rectification of register

Summary note change.

Section 35: Evidence of register, documents, etc. [repealed]

Summary note change.

Section 36: Co-ownership of patents and applications for patents

Summary note change.

Section 37: Determination of right to patent after grant

Summary note change.

Section 38: Effect of transfer of patent under section 37

Summary note change.

Section 39: Right to employees’ inventions

Summary note change.

Section 40: Compensation of employees for certain inventions

Summary note change.

Section 41: Amount of compensation

Summary note change.

Section 42: Enforceability of contracts relating to employees’ inventions

Summary note change.

Section 43: Supplementary

Summary note change.

Section 44: Avoidance of certain restrictive conditions. [repealed]

Summary note change.

Section 45: Determination of parts of certain contracts. [repealed]

Minor change.

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

Summary note change.

Section 47: Cancellation of entry made under s.46

Summary note change.

Section 48: General

Summary note change.

Section 48A: WTO proprietors

Summary note change.

Section 48B: Other cases

Summary note change.

Section 49: Provisions about licences under section 48

Summary note change.

Section 50: Exercise of powers on application under section 48

Summary note change.

Section 50A: Powers exercisable following merger and market investigations

Summary note change. Footnotes markers added.

Section 51: Powers exercisable in consequence of report of Competition and Markets Authority

Summary note change.

Section 52: Opposition, appeal and arbitration

Summary note change.

Section 53: Supplementary provisions

Summary note change.

Section 54: Special provisions where patented invention is being worked abroad

Summary note change.

Section 55: Use of patented inventions for services of the Crown

Summary note changed.

Section 56: Interpretation, etc., of provisions about Crown use

Summary note change.

Section 57: Rights of third parties in respect of Crown use

Summary note change.

Section 57A: Compensation for loss of profit

Summary note change.

Section 58: References of disputes as to Crown use

Summary note change.

Section 59: Special provisions as to Crown use during emergency

Summary note change.

Section 60: Meaning of infringement

Summary note change.

Section 61: Proceedings for infringement of patent

Summary note change.

Section 62: Restrictions on recovery of damages for infringement

Summary note change.

Section 63: Relief for infringement of partially valid patent

Summary note change.

Section 64: Right to continue use begun before priority date

Summary note change.

Section 65: Certificate of contested validity

Summary note change.

Section 66: Proceedings for infringement by a co-owner

Summary note change.

Section 67: Proceedings for infringement by exclusive licensee

Summary note change.

Section 68: Effect on non-registration on infringement proceedings

Summary note change.

Section 69: Infringement of rights conferred by publication of application

Summary note change.

Section 70: Threats of infringement proceedings

Summary note change.

Section 70A: Actionable threats

Summary note change.

Section 70B: Permitted communications

Summary note change.

Section 70C: Remedies and defences

Summary note change.

Section 70D: Professional advisers

Summary note change.

Section 70E: Pending registration

Summary note change.

Section 70F: Supplementary: proceedings for delivery up etc.

Summary note change.

Section 71: Declaration or declarator as to non- infringement

Summary note change.

Section 72: Power to revoke patents on application

Summary note change.

Section 73: Comptroller’s power to revoke patents on his own initiative

Summary note change.

Section 74: Proceedings in which validity of patent may be put in issue

Summary note change.

Section 74A: Opinions on matters prescribed in the rules

Summary note change.

Section 74B: Reviews of opinions under section 74A

Summary note change.

Section 75: Amendment of patent in infringement or revocation proceedings

Summary note change.

Section 76: Amendment of applications and patents not to include added matter

Summary note change.

Section 76A: Biotechnological inventions

Summary note change.

Section 77: Effect of European patent (UK)

Summary note change.

Section 78: Effect of filing an application for a European patent (UK)

Summary note change.

Section 79: Operation of section 78 in relation to certain European patent applications

Summary note change.

Section 80: Authentic text of European patents and patent applications

Summary note change.

Section 81: Conversion of European patent applications

Summary note change.

Section 82: Jurisdiction to determine questions as to right to a patent

Summary note change.

Section 83: Effect of patent decisions of competent authorities of other states

Summary note change.

Section 84: Patent agents and other representatives. [repealed]

Summary note change.

Section 85: European patent attorneys. [repealed]

Summary note change.

Section 86: Implementation of Community Patent Convention. [repealed]

Summary note change.

Section 87: Decisions on Community Patent Convention. [repealed]

Summary note change.

Section 88: Jurisdiction in legal proceedings in connection with Community Patent Convention. [repealed]

Summary note change.

Section 88A: Implementation of Agreement on a Unified Patent Court

Minor change.

Section 88B: Designation as international organisation of which UK is member

Summary note change.

Section 89: Effect of international application for patent

Summary note change.

Section 89A: International and national phases of application

Summary note change.

Section 89B: Adaptation of provisions in relation to international application

Summary note change.

Section 90: Orders in Council as to convention countries

Summary note change.

Section 91: Evidence of conventions and instruments under conventions

Summary note change.

Section 92: Obtaining evidence for proceedings under the European Patent Convention

Summary note change.

Section 93: Enforcement of orders for costs

Summary note change.

Section 94: Enforcement of orders for costs

Summary note change.

Section 95: Financial provisions

Summary note change.

Section 96: The Patents Court. [repealed]

Summary note change.

Section 97: Appeals from the comptroller

Summary note change.

Section 98: Proceedings in Scotland

Summary note change.

Section 99: General powers of the court

Summary note change.

Section 99A: Power of Patents Court to order report

Summary note change.

Section 99B: Power of Court of Session to order report

Summary note change.

Section 100: Burden of proof in certain cases

Summary note change.

Section 101: Exercise of comptroller’s discretionary powers

Summary note change.

Section 102: Right of audience, etc., in proceedings before the comptroller

Summary note change.

Section 102A: Right of audience, etc., in proceedings on appeal from the comptroller. [repealed]

Summary note change.

Section 103: Extension of privilege for communications with solicitors relating to patent proceedings

Summary note change.

Section 104: Privilege for communication with patent agents relating to patent proceedings. [repealed]

Summary note change.

Section 105: Extension of privilege in Scotland for communications relating to patent proceedings

Summary note change.

Section 106: Costs and expenses in proceedings before the Court

Summary note change.

Section 107: Costs and expenses in proceedings before the comptroller

Summary note change.

Section 108: Licences granted by order of comptroller

Summary note change.

Section 109: Falsification of register etc.

Summary note changed.

Section 110: Unauthorised claim of patent rights

Summary note changed.

Section 111: Unauthorised claim that patent has been applied for

Summary note changed.

Section 112: Misuse of title “Patent Office”

Summary note changed.

Section 113: Offences by corporations

Summary note changed.

Section 114: Restrictions on practice as patent agent. [repealed]

Summary note changed.

Section 115: Power of comptroller to refuse to deal with certain agents. [repealed]

Summary note changed.

Section 116: Immunity of department as regards official acts

Summary note change.

Section 117: Correction of errors in patents and applications

Summary note change.

Section 117A: Effect of resuscitation of a withdrawn application under section 117

Summary note change.

Section 117B: Extension of time limits specified by comptroller

Summary note change.

Section 118: Information about patent applications and patents, and inspection of documents

Summary note change.

Section 118A: Copyright in documents made available electronically for inspection under section 118(1). [repealed]

Summary note change.

Section 119: Service by post

Summary note change.

Section 120: Hours of business and excluded days

Summary note change.

Section 121: Comptroller’s annual report

Summary note change.

Section 122: Crown’s right to sell forfeited articles

Summary note change.

Section 123: Rules

Summary note change.

Section 124: Rules, regulations and orders; supplementary

Summary note change.

Section 124A: Use of electronic communications

Summary note change.

Section 125: Extent of invention

Summary note change.

Section 125A: Disclosure of invention by specification: availability of samples of biological material

Summary note change.

Section 126: Stamp duty. [repealed]

Summary note change.

Section 127: Existing patents and applications

Summary note change.

Section 128: Priorities between patents and applications under the 1949 Act and this Act

Summary note change.

Section 128A: EU compulsory licences

Summary note change.

Section 128B: Supplementary protection certificates

Summary note change.

Section 129: Application of Act to Crown

Summary note change.

Section 130: Interpretation

Summary note change.

Section 131: Northern Ireland

Summary note change.

Section 131A: Scotland

Summary note change.

Section 132: Short title, extent, commencement, consequential amendments and repeals

Summary note change.

Schedule 1 (section 127) Application of 1949 Act to existing patents and applications

Minor update.

Schedule 2 (section 127): Application of this Act to existing patents and applications

Minor change.

Schedule 3 (section 127): Repeals of provisions of 1949 Act

Minor change.

Schedule 4 (section 127) Transitional provisions

All Schedule 4 provisions now included on this page.

Schedule 4A (section 128B): Supplementary protection certificates

All Schedule 4A provisions included in this page.

Schedule 5 (section 132): Crown Proceedings Act 1947 (c.44).

All Schedule 5 provisions collated on single page.

Schedule A1

Combining all A1 schedules on one page.

Schedule A2 (section 76A): Biotechnological inventions

Minor change.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Deleted

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

Schedule A1 (section 60(5)(g)):

Combined in Schedule A1 single document.

The Patents Act 1977 arrangement of sections; part 1

Not required for the purposes of the document as it repeats later information. Departement request to remove.

The Patents Act 1977 arrangement of sections; part 2

Not required for the purposes of the document as it repeats later information. Departement request to remove.

Schedule 4 (section 127): Transitional provisions; Supplementary

Section no longer required. All provisions now enetered on single page.

Schedule 4 (section 127): Transitional provisions; Appeals from Appeal Tribunal to Court of Appeal

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Appeals from comptroller under repealed provisions of 1949 Act

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Appeals from comptroller under continuing provisions of 1949 Act

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Appeal from court on certain petitions for revocation

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Convention countries

Section no longer required. All provisions now entered on single page..

Schedule 4 (section 127): Transitional provisions; Licences of right and compulsory licences

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Revocation

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Secrecy

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Notice of opposition

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Infringement

Section no longer required. All provisions now entered on single page.

Schedule 4 (section 127): Transitional provisions; Use of patented invention for services of the Crown

Section no longer required. All provisions now entered on single page..

Schedule 4A (section 128B): Supplementary protection certificates; Transitional provision

No longer required. All schedule 4A provisions now included on one page.

Schedule 4A (section 128B): Supplementary protection certificates; Protection Products Regulation have the same meaning as in that Regulation.

No longer required. All schedule 4A provisions now included on one page.

Schedule 4A (section 128B): Supplementary protection certificates; Interpretation

No longer required. All schedule 4A provisions now included on one page.

Schedule 4A (section 128B): Supplementary protection certificates; Fees

No longer required. All schedule 4A provisions now included on one page.

Schedule 4A (section 128B): Supplementary protection certificates; Other references

No longer required. All schedule 4A provisions now included on one page..

Schedule 5 (section 132): Consequential amendments; Restrictive Trade Practices Act 1976 (c.34). [repealed]

No longer needed. All Schedule 5 provisions collated on single page.

Schedule 5 (section 132): Consequential amendments; Fair Trading Act 1973 (c.41). [repealed]

No longer needed. All Schedule 5 provisions collated on single page.

Schedule 5 (section 132): Consequential amendments; Atomic Energy Authority (Weapons Group) Act 1973 (c.4)

No longer needed. All Schedule 5 provisions collated on single page.

Schedule 5 (section 132): Consequential amendments; Administration of Justice Act 1970 (c.31)

No longer needed. All Schedule 5 provisions collated on single page.

Schedule 5 (section 132): Consequential amendments; Defence Contracts Act 1958 (c.38)

No longer needed. All Schedule 5 provisions collated on single page.

Schedule 5 (section 132): Consequential amendments; Registered Designs Act 1949 (c.88). [repealed]

No longer needed. All Schedule 5 provisions collated on single page.

25 July 2018 published amendments

The Patents Act 1977 note to users

New section added.

The Patents Act 1977 arrangement of sections; part 1

New section added.

The Patents Act 1977 arrangement of sections; part 2

New section added.

Section 1: Patentable inventions

New section added.

Section 2: Novelty

New section added.

Section 3: Inventive step

New section added.

Section 4: Industrial application

New section added.

Section 4A: Methods of treatment or diagnosis

New section added.

Section 5: Priority date

New section added.

Section 6: Disclosure of matter, etc., between earlier and later application

New section added.

Section 7: Right to apply for and obtain a patent

New section added.

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

New section added.

Section 9: Determination after grant of questions referred to before grant

New section added.

Section 10: Handling of application by joint applicants

New section added.

Section 11: Effect of transfer of application under section 8 or 10

New section added.

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

New section added.

Section 13: Mention of inventor

New section added.

Section 14: Making of application

New section added.

Section 15: Applications: Date of filing application

New section added.

Section 15A: Applications: Preliminary examination

New section added.

Section 16: Applications: Publication of application

New section added.

Section 17: Applications: Search

New section added.

Section 18: Applications: Substantive examination and grant or refusal of patent

New section added.

Section 19: Applications: General power to amend application before grant

New section added.

Section 20: Applications: Failure of application

New section added.

Section 20A: Applications: Reinstatement of applications

New section added.

Section 21: Applications: Observations by third party on patentability

New section added.

Section 22: Security and safety: Information prejudicial to national security or safety of public

New section added.

Section 23: Security and safety: Restrictions on applications abroad by United Kingdom residents

New section added.

Section 24: Provisions as to patents after grant: Publication and certificate of grant

New section added.

Section 25: Provisions as to patents after grant: Term of patent

New section added.

Section 26: Provisions as to patents after grant: Patent not to be impugned for lack of unity

New section added.

Section 27: Provisions as to patents after grant:General power to amend specification after grant

New section added.

Section 28: Provisions as to patents after grant: Restoration of lapsed patents

New section added.

Section 28A: Provisions as to patents after grant: Effect of order for restoration of patent

New section added.

Section 29: Security and safety: Surrender of patents

New section added.

Section 30: Property in patents and applications, and registration: Nature of, and transactions in, patents and applications for patents

New section added.

Section 31: Property in patents and applications, and registration: Nature of, and transactions in, patents and applications for patents in Scotland

New section added.

Section 32: Property in patents and applications, and registration: Register of patents, etc.

New section added.

Section 33: Property in patents and applications, and registration: Effect of registration, etc., on rights in patents

New section added.

Section 34: Property in patents and applications, and registration: Rectification of register

New section added.

Section 35: Property in patents and applications, and registration: Evidence of register, documents, etc.

New section added.

Section 36: Property in patents and applications, and registration: Co-ownership of patents and applications for patents

New section added.

Section 37: Property in patents and applications, and registration: Determination of right to patent after grant

New section added.

Section 38: Property in patents and applications, and registration: Effect of transfer of patent under section 37

New section added.

Section 39: Employees’ inventions: Right to employees’ inventions

New section added.

Section 40: Employees’ inventions: Compensation of employees for certain inventions

New section added.

Section 41: Employees’ inventions: Amount of compensation

New section added.

Section 42: Employees’ inventions: Enforceability of contracts relating to employees’ inventions

New section added.

Section 43: Employees’ inventions: Supplementary

New section added.

Section 44: Contracts as to patented products, etc: Avoidance of certain restrictive conditions

New section added.

Section 45: Determination of parts of certain contracts

New section added.

Section 46: Licences of right and compulsory licences: Patentee’s application for entry in register that licences are available as of right

New section added.

Section 47: Licences of right and compulsory licences: Cancellation of entry made under s.46

New section added.

Section 48: Licences of right and compulsory licences: Compulsory licences: general

New section added.

Section 48A: Licences of right and compulsory licences: Compulsory licences; WTO proprietors

New section added.

Section 48B: Licences of right and compulsory licences: Compulsory licences; other cases

New section added.

Section 49: Licences of right and compulsory licences: Provisions about licences under section 48

New section added.

Section 50: Licences of right and compulsory licences: Exercise of powers on application under section 48

New section added.

Section 50A: Licences of right and compulsory licences: Powers exercisable following merger and market investigations

New section added.

Section 51: Licences of right and compulsory licences: Powers exercisable in consequence of report of Competition and Markets Authority

New section added.

Section 52: Licences of right and compulsory licences: Opposition, appeal and arbitration

New section added.

Section 53: Licences of right and compulsory licences: Compulsory licences; supplementary provisions

New section added.

Section 54: Licences of right and compulsory licences: Special provisions where patented invention is being worked abroad

New section added.

Section 55: Licences of right and compulsory licences: Use of patented inventions for services of the Crown

New section added.

Section 56: Licences of right and compulsory licences: Interpretation, etc., of provisions about Crown use

New section added.

Section 57: Licences of right and compulsory licences: Rights of third parties in respect of Crown use

New section added.

Section 57A: Licences of right and compulsory licences: Compensation for loss of profit

New section added.

Section 58: Licences of right and compulsory licences: References of disputes as to Crown use

New section added.

Section 59: Licences of right and compulsory licences: Special provisions as to Crown use during emergency

New section added.

Section 60: Infringement: Meaning of infringement

New section added.

Section 61: Infringement: Proceedings for infringement of patent

New section added.

Section 62: Infringement: Restrictions on recovery of damages for infringement

New section added.

Section 63: Infringement: Relief for infringement of partially valid patent

New section added.

Section 64: Infringement: Right to continue use begun before priority date

New section added.

Section 65: Infringement: Certificate of contested validity

New section added.

Section 66: Infringement: Proceedings for infringement by a co-owner

New section added.

Section 67: Infringement: Proceedings for infringement by exclusive licensee

New section added.

Section 68: Infringement: Effect on non-registration on infringement proceedings

New section added.

Section 69: Infringement: Infringement of rights conferred by publication of application

New section added.

Section 70: Unjustified threats: Threats of infringement proceedings

New section added.

Section 70A: Unjustified threats: Actionable threats

New section added.

Section 70B: Unjustified threats: Permitted communications

New section added.

Section 70D: Unjustified threats: Professional advisers

New section added.

Section 70C: Unjustified threats: Remedies and defences

New section added.

Section 70E: Unjustified threats: Supplementary: pending registration

New section added.

Section 70F: Unjustified threats: Supplementary: proceedings for delivery up etc.

New section added.

Section 71: Unjustified threats: Declaration or declarator as to non- infringement

New section added.

Section 72: Revocation of patents: Power to revoke patents on application

New section added.

Section 73: Revocation of patents: Comptroller’s power to revoke patents on his own initiative

New section added.

Section 74: Putting validity in issue: Proceedings in which validity of patent may be put in issue

New section added.

Section 74A: Opinions by Patent Office: Opinions on matters prescribed in the rules

New section added.

Section 74B: Opinions by Patent Office: Reviews of opinions under section 74A

New section added.

Section 75: General provisions as to amendment of patents and applications: Amendment of patent in infringement or revocation proceedings

New section added.

Section 76: General provisions as to amendment of patents and applications: Amendment of applications and patents not to include added matter

New section added.

Section 76A: General provisions as to amendment of patents and applications: Biotechnological inventions

New section added.

Section 77: European patents and patent applications: Effect of European patent (UK)

New section added.

Section 79: European patents and patent applications: Operation of section 78 in relation to certain European patent applications

New section added.

Section 78: European patents and patent applications: Effect of filing an application for a European patent (UK)

New section added.

Section 80: European patents and patent applications: Authentic text of European patents and patent applications

New section added.

Section 81: European patents and patent applications: Conversion of European patent applications

New section added.

Section 82: European patents and patent applications: Jurisdiction to determine questions as to right to a patent

New section added.

Section 83: European patents and patent applications: Effect of patent decisions of competent authorities of other states

New section added.

Section 84: European patents and patent applications: Patent agents and other representatives

New section added.

Section 85: European patents and patent applications: European patent attorneys

New section added.

Section 86: Community patents: Implementation of Community Patent Convention

New section added.

Section 87: Community patents: Decisions on Community Patent Convention

New section added.

Section 88: Community patents: Jurisdiction in legal proceedings in connection with Community Patent Convention

New section added.

Section 88A: Unified Patent Court: Implementation of Agreement on a Unified Patent Court

New section added.

Section 88B: Unified Patent Court: Designation as international organisation of which UK is member

New section added.

Section 89: International applications for patents: Effect of international application for patent

New section added.

Section 89A: International applications for patents: International and national phases of application

New section added.

Section 89B: International applications for patents: Adaptation of provisions in relation to international application

New section added.

Section 90: Convention countries: Orders in Council as to convention countries

New section added.

Section 91: Miscellaneous: Evidence of conventions and instruments under conventions

New section added.

Section 92: Miscellaneous: Obtaining evidence for proceedings under the European Patent Convention

New section added.

Section 93: Miscellaneous: Enforcement of orders for costs

New section added.

Section 94: Miscellaneous: Enforcement of orders for costs

New section added.

Section 94: Miscellaneous: Financial provisions

New section added.

Section 96: Legal Proceedings: The Patents Court

New section added.

Section 97: Legal Proceedings: Appeals from the comptroller

New section added.

Section 98: Legal Proceedings: Proceedings in Scotland

New section added.

Section 99: Legal Proceedings: General powers of the court

New section added.

Section 99A: Legal Proceedings: Power of Patents Court to order report

New section added.

Section 99B: Legal Proceedings: Power of Court of Session to order report

New section added.

Section 100: Legal Proceedings: Burden of proof in certain cases

New section added.

Section 102: Legal Proceedings: Right of audience, etc., in proceedings before the comptroller

New section added.

Section 101: Legal Proceedings: Exercise of comptroller’s discretionary powers

New section added.

Section 102A: Legal Proceedings: Right of audience, etc., in proceedings on appeal from the comptroller

New section added.

Section 103: Legal Proceedings: Extension of privilege for communications with solicitors relating to patent proceedings

New section added.

Section 104: Legal Proceedings: Privilege for communication with patent agents relating to patent proceedings

New section added.

Section 105: Legal Proceedings: Extension of privilege in Scotland for communications relating to patent proceedings

New section added.

Section 106: Legal Proceedings: Costs and expenses in proceedings before the Court

New section added.

Section 107: Legal Proceedings: Costs and expenses in proceedings before the comptroller

New section added.

Section 108: Legal Proceedings: Licences granted by order of comptroller

New section added.

Section 109: Offences: Falsification of register etc.

New section added.

Section 110: Offences: Unauthorised claim of patent rights

New section added.

Section 111: Offences: Unauthorised claim that patent has been applied for

New section added.

Section 112: Offences: Misuse of title “Patent Office”

New section added.

Section 114: Patent agents: Restrictions on practice as patent agent

New section added.

Section 113: Offences: Offences by corporations

New section added.

Section 115: Patent agents: Power of comptroller to refuse to deal with certain agents

New section added.

Section 116: Immunity of department: Immunity of department as regards official acts

New section added.

Section 117: Administrative provisions: Correction of errors in patents and applications

New section added.

Section 117A: Administrative provisions: Effect of resuscitation of a withdrawn application under section 117

New section added.

Section 117B: Administrative provisions: Extension of time limits specified by comptroller

New section added.

Section 118: Administrative provisions: Information about patent applications and patents, and inspection of documents

New section added.

Section 118A: Administrative provisions: Copyright in documents made available electronically for inspection under section 118(1)

New section added.

Section 119: Administrative provisions: Service by post

New section added.

Section 120: Administrative provisions: Hours of business and excluded days

New section added.

Section 121: Administrative provisions: Comptroller’s annual report

New section added.

Section 122: Supplemental: Crown’s right to sell forfeited articles

New section added.

Section 123: Supplemental: Rules

New section added.

Section 124: Supplemental: Rules, regulations and orders; supplementary

New section added.

Section 124A: Supplemental: Use of electronic communications

New section added.

Section 125: Supplemental: Extent of invention

New section added.

Section 125A: Supplemental: Disclosure of invention by specification: availability of samples of biological material

New section added.

Section 126: Supplemental: Stamp duty

New section added.

Section 127: Supplemental: Existing patents and applications

New section added.

Section 128: Supplemental: Priorities between patents and applications under the 1949 Act and this Act

New section added.

Section 128A: Supplemental: EU compulsory licences

New section added.

Section 128B: Supplemental: Supplementary protection certificates

New section added.

Section 129: Supplemental: Application of Act to Crown

New section added.

Section 130: Supplemental: Interpretation

New section added.

Section 131: Supplemental: Northern Ireland

New section added.

Section 131A: Supplemental: Scotland

New section added.

Section 132: Supplemental: Short title, extent, commencement, consequential amendments and repeals

New section added.

Schedule 1 (section 127) Application off 1949 Act to existing patents and applications

New section added.

Schedule 2 (section 127): Application of this Act to existing patents and applications

New section added.

Schedule 3 (section 127): Repeals of provisions of 1949 Act

New section added.

Schedule 4 (section 127): Transitional provisions; General

New section added.

Schedule 4 (section 127): Transitional provisions; Use of patented invention for services of the Crown

New section added.

Schedule 4 (section 127): Transitional provisions; Infringement

New section added.

Schedule 4 (section 127): Transitional provisions; Notice of opposition

New section added.

Schedule 4 (section 127): Transitional provisions; Secrecy

New section added.

Schedule 4 (section 127): Transitional provisions; Revocation

New section added.

Schedule 4 (section 127): Transitional provisions; Licences of right and compulsory licences

New section added.

Schedule 4 (section 127): Transitional provisions; Convention countries

New section added.

Schedule 4 (section 127): Transitional provisions; Appeal from court on certain petitions for revocation

New section added.

Schedule 4 (section 127): Transitional provisions; Appeals from comptroller under continuing provisions of 1949 Act

New section added.

Schedule 4 (section 127): Transitional provisions; Appeals from comptroller under repealed provisions of 1949 Act

New section added.

Schedule 4 (section 127): Transitional provisions; Appeals from Appeal Tribunal to Court of Appeal

New section added.

Schedule 4 (section 127): Transitional provisions; Supplementary

New section added.

Schedule 4A (section 128B): Supplementary protection certificates; References to this Act etc

New section added.

Schedule 4A (section 128B): Supplementary protection certificates; Other references

New section added.

Schedule 4A (section 128B): Supplementary protection certificates; Fees

New section added.

Schedule 4A (section 128B): Supplementary protection certificates; Interpretation

New section added.

Schedule 4A (section 128B): Supplementary protection certificates; Protection Products Regulation have the same meaning as in that Regulation.

New section added.

Schedule 4A (section 128B): Supplementary protection certificates; Transitional provision

New section added.

Schedule 5 (section 132): Consequential amendments; Crown Proceedings Act 1947 (c.44)

New section added.

Schedule 5 (section 132): Consequential amendments; Registered Designs Act 1949 (c.88)

New section added.

Schedule 5 (section 132): Consequential amendments; Administration of Justice Act 1970 (c.31)

New section added.

Schedule 5 (section 132): Consequential amendments; Defence Contracts Act 1958 (c.38)

New section added.

Schedule 5 (section 132): Consequential amendments; Atomic Energy Authority (Weapons Group) Act 1973 (c.4)

New section added.

Schedule 5 (section 132): Consequential amendments; Fair Trading Act 1973 (c.41)

New section added.

Schedule 5 (section 132): Consequential amendments; Restrictive Trade Practices Act 1976 (c.34)

New section added.

Schedule 6 (section 132): Enactments repealed

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Interpretation

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Specified species

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Liability to pay equitable remuneration

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Exemption for small farmers

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Information to be supplied by farmer

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Information to be supplied by seed processor

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Information to be supplied by relevant rights holder

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Period in respect of which inquiry may be made

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Restriction on movement for processing from the holding

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Confidentiality

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Formalities

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Remedies

New section added.

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Schedule is liable in damages to the person who made the request.

New section added.

Schedule A2 (section 76A): Biotechnological inventions

New section added.