Patents Act 1977 [operative Body]

Patent not to be impugned for lack of unity.

— Regulation 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…

Supplementary protection certificates

— Regulation 128B — Supplementary protection certificates Schedule 4A contains provision about the application of this Act in relation to supplementary…

Amount of compensation.

— Regulation 41 — Amount of compensation. An award of compensation to an employee under section 40 (1) or (2) above shall be such as will secure for the…

Register of patents etc.

— Regulation 32 — Register of patents etc. The comptroller shall maintain the register of patents, which shall comply with rules made by virtue of this section…

Enforceability of contracts relating to employees’ inventions.

— Regulation 42 — Enforceability of contracts relating to employees’ inventions. This section applies to any contract (whenever made) relating to inventions…

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

— Regulation 30 — Nature of, and transactions in, patents and applications for patents. Any patent or application for a patent is personal property (without…

Proceedings for infringement by exclusive licensee.

— Regulation 67 — Proceedings for infringement by exclusive licensee. Subject to the provisions of this section, the holder of an exclusive licence under a…

Restrictions on applications abroad by United Kingdom residents.

— Regulation 23 — Restrictions on applications abroad by United Kingdom residents. Subject to the following provisions of this section, no person resident in…

Handling of application by joint applicants.

— Regulation 10 — Handling of application by joint applicants. If any dispute arises between joint applicants for a patent whether or in what manner the…

Special provisions as to Crown use during emergency.

— Regulation 59 — Special provisions as to Crown use during emergency. During any period of emergency within the meaning of this section the powers exercisable…

Preliminary examination

— Regulation 15A — Preliminary examination The comptroller shall refer an application for a patent to an examiner for a preliminary examination if— the…

Novelty.

— Regulation 2 — Novelty. An invention shall be taken to be new if it does not form part of the state of the art. The state of the art in the case of an…

Costs and expenses in proceedings before the Court ....

— Regulation 106 — Costs and expenses in proceedings before the Court .... In proceedings to which this section applies, the court, in determining whether to…

Disclosure of invention by specification: availablity of samples of biological material.

— Regulation 125A — Disclosure of invention by specification: availablity of samples of biological material. Provision may be made by rules prescribing the…

Right to continue use begun before priority date.

— Regulation 64 — Right to continue use begun before priority date. Where a patent is granted for an invention, a person who in the United Kingdom before the…

Adaptation of provisions in relation to international application.

— Regulation 89B — Adaptation of provisions in relation to international application. Where an international application for a patent (UK) is accorded a filing…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. Subject to the provisions of this section, a person infringes a patent for an invention if, but only if, while the…

Conversion of European patent applications.

— Regulation 81 — Conversion of European patent applications. The comptroller may direct that on compliance with the relevant conditions mentioned in subsection

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— Regulation 35 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Extent of invention.

— Regulation 125 — Extent of invention. For the purposes of this Act an invention for a patent for which an application has been made or for which a patent has…

Power of Court of Session to order report.

— Regulation 99B — Power of Court of Session to order report. In any proceedings before the Court of Session under this Act the court may, either of its own…

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

— Regulation 118 — Information about patent applications and patents, and inspection of documents. After publication of an application for a patent in…

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— Regulation 88 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

Orders in Council as to convention countries.

— Regulation 90 — Orders in Council as to convention countries. Her Majesty may with a view to the fulfilment of a treaty or international convention…

Power to revoke patents on application.

— Regulation 72 — Power to revoke patents on application. Subject to the following provisions of this Act, the court or the comptroller may ... by order revoke…

Right to employees’ inventions.

— Regulation 39 — Right to employees’ inventions. Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his…

Right to apply for and obtain a patent.

— Regulation 7 — Right to apply for and obtain a patent. Any person may make an application for a patent either alone or jointly with another. A patent for an…

Burden of proof in certain cases.

— Regulation 100 — Burden of proof in certain cases. If the invention for which a patent is granted is a process for obtaining a new product, the same product…

European patent with unitary effect and Unified Patent Court

— Regulation 83A — European patent with unitary effect and Unified Patent Court Schedule A3 contains provision about the application of this Act in relation to…

Use of patented inventions for services of the Crown.

— Regulation 55 — Use of patented inventions for services of the Crown. Notwithstanding anything in this Act, any government department and any person…

Implementation of Community Patent Convention.

— Regulation 86 — Implementation of Community Patent Convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial application.

— Regulation 4 — Industrial application. ..., an invention shall be taken to be capable of industrial application if it can be made or used in any kind of…

Permitted communications

— Regulation 70B — Permitted communications For the purposes of section 70A (5), a communication containing a threat of infringement proceedings is a…

Privilege for communications with patent agents relating to patent proceedings.

— Regulation 104 — Privilege for communications with patent agents relating to patent proceedings…

Actionable threats

— Regulation 70A — Actionable threats Subject to subsections (2) to (5), a threat of infringement proceedings made by any person is actionable by any person…

Rectification of register.

— Regulation 34 — Rectification of register. The court may, on the application of any person aggrieved, order the register to be rectified by the making, or…

Jurisdiction to determine questions as to right to a patent.

— Regulation 82 — Jurisdiction to determine questions as to right to a patent. The court shall not have jurisdiction to determine a question to which this…

Opinions on matters prescribed in the rules

— Regulation 74A — Opinions on matters prescribed in the rules The proprietor of a patent or any other person may request the comptroller to issue an opinion…

Date of filing application.

— Regulation 15 — Date of filing application. Subject to the following provisions of this Act, the date of filing an application for a patent shall be taken to…

Crown’s right to sell forfeited articles.

— Regulation 122 — Crown’s right to sell forfeited articles. Nothing in this Act affects the right of the Crown or any person deriving title directly or…

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

— Regulation 8 — Determination before grant of questions about entitlement to patents, etc. At any time before a patent has been granted for an invention…

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— Regulation 126 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

Scotland

— Regulation 131A — Scotland In the application of this Act to Scotland– “enactment” includes an enactment comprised in, or in an instrument made under, an Act…

Co-ownership of patents and applications for patents.

— Regulation 36 — Co-ownership of patents and applications for patents. Where a patent is granted to two or more persons, each of them shall, subject to any…

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

— Regulation 103 — Extension of privilege for communications with solicitors relating to patent proceedings. It is hereby declared that the rule of law which…

Misuse of title “Patent Office”.

— Regulation 112 — Misuse of title “Patent Office”. If any person uses on his place of business, or on any document issued by him, or otherwise, the words…

Patentable inventions.

— Regulation 1 — Patentable inventions. A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to…

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

— Regulation 128 — Priorities between patents and applications under 1949 Act and this Act. The following provisions of this section shall have effect for the…

Exercise of comptroller’s discretionary powers.

— Regulation 101 — Exercise of comptroller’s discretionary powers. Without prejudice to any rule of law, the comptroller shall give any party to a proceeding…

Correction of errors in patents and applications.

— Regulation 117 — Correction of errors in patents and applications. The comptroller may, subject to any provision of rules, correct any error of translation…

Failure of application.

— Regulation 20 — Failure of application. If it is not determined that an application for a patent complies before the end of the prescribed period with all…

Substantive examination and grant or refusal of patent.

— Regulation 18 — Substantive examination and grant or refusal of patent. Where the conditions imposed by section 17

Falsification of register etc.

— Regulation 109 — Falsification of register etc. If a person makes or causes to be made a false entry in any register kept under this Act, or a writing…

Proceedings in Scotland.

— Regulation 98 — Proceedings in Scotland. In Scotland proceedings relating primarily to patents (other than proceedings before the comptroller) shall be…

Application of Act to Crown.

— Regulation 129 — Application of Act to Crown. —This Act does not affect Her Majesty in her private capacity but, subject to that, it binds the Crown.

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

— Regulation 33 — Effect of registration, etc., on rights in patents. Any person who claims to have acquired the property in a patent or application for a…

Effect of international application for patent.

— Regulation 89 — Effect of international application for patent. An international application for a patent (UK) for which a date of filing has been accorded…

Proceedings for infringement of patent.

— Regulation 61 — Proceedings for infringement of patent. Subject to the following provisions of this Part of this Act, civil proceedings may be brought in the…

Relief for infringement of partially valid patent.

— Regulation 63 — Relief for infringement of partially valid patent. If the validity of a patent is put in issue in proceedings for infringement of the patent…

Exercise of powers on applications under s. 48.

— Regulation 50 — Exercise of powers on applications under s. 48. The powers of the comptroller on an application under section 48 above in respect of a patent…

Professional advisers

— Regulation 70D — Professional advisers Proceedings in respect of an actionable threat may not be brought against a professional adviser (or any person…

Compulsory licences: general.

— Regulation 48 — Compulsory licences: general. At any time after the expiration of three years, or of such other period as may be prescribed, from the date of…

Power of Patents Court to order report.

— Regulation 99A — Power of Patents Court to order report. Rules of court shall make provision empowering the Patents Court in any proceedings before it under…

Licences granted by order of comptroller.

— Regulation 108 — Licences granted by order of comptroller. Any order for the grant of a licence under section 11, 38, 48 or 49 above shall, without prejudice…

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— Regulation 85 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

Provisions about licences under s. 48.

— Regulation 49 — Provisions about licences under s. 48. Where the comptroller is satisfied, on an application made under section 48 above in respect of a…

Interpretation.

— Regulation 130 — Interpretation. In this Act, except so far as the context otherwise requires— “Agreement on a Unified Patent Court” means the Agreement on a…

Surrender of patents.

— Regulation 29 — Surrender of patents. The proprietor of a patent may at any time by notice given to the comptroller offer to surrender his patent. A person…

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— Regulation 115 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

Proceedings for infringement by a co-owner.

— Regulation 66 — Proceedings for infringement by a co-owner. In the application of section 60 above to a patent of which there are two or more joint…

Remedies and defences

— Regulation 70C — Remedies and defences Proceedings in respect of an actionable threat may be brought against the person who made the threat for— a…

Costs and expenses in proceedings before the comptroller.

— Regulation 107 — Costs and expenses in proceedings before the comptroller. The comptroller may, in proceedings before him under this Act, by order award to…

Interpretation, etc., of provisions about Crown use.

— Regulation 56 — Interpretation, etc., of provisions about Crown use. Any reference in section 55 above to a patented invention, in relation to any time, is a…

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

— Regulation 105 — Extension of privilege in Scotland for communications relating to patent proceedings. It is hereby declared that in Scotland the rules of…

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

— Regulation 46 — Patentee’s application for entry in register that licences are available as of right. At any time after the grant of a patent its proprietor…

General power to amend application before grant.

— Regulation 19 — General power to amend application before grant. At any time before a patent is granted in pursuance of an application the applicant may, in…

Information prejudicial to national security or safety of public.

— Regulation 22 — Information prejudicial to national security or safety of public. Where an application for a patent is filed in the Patent Office (whether…

Implementation of Agreement on a Unified Patent Court

— Regulation 88A — Implementation of Agreement on a Unified Patent Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory licences: WTO proprietors.

— Regulation 48A — Compulsory licences: WTO proprietors. In the case of an application made under section 48 above in respect of a patent whose proprietor is a…

Amendments of applications and patents not to include added matter.

— Regulation 76 — Amendments of applications and patents not to include added matter. An application for a patent which— is made in respect of matter disclosed…

Compulsory licences: other cases.

— Regulation 48B — Compulsory licences: other cases. In the case of an application made under section 48 above in respect of a patent whose proprietor is not a…

Threats of infringement proceedings

— Regulation 70 — Threats of infringement proceedings A communication contains a “threat of infringement proceedings” if a reasonable person in the position of…

Determination of parts of certain contracts.

— Regulation 45 — Determination of parts of certain contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obtaining evidence for proceedings under the European Patent Convention.

— Regulation 92 — Obtaining evidence for proceedings under the European Patent Convention. Sections 1 to 3 of the Evidence (Proceedings in Other Jurisdictions)…

Rights of third parties in respect of Crown use.

— Regulation 57 — Rights of third parties in respect of Crown use. In relation to— any use made for the services of the Crown of an invention by a government…

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— Regulation 114 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

Observations by third party on patentability.

— Regulation 21 — Observations by third party on patentability. Where an application for a patent has been published but a patent has not been granted to the…

Restoration of lapsed patents.

— Regulation 28 — Restoration of lapsed patents. Where a patent has ceased to have effect by reason of a failure to pay any renewal fee, an application for the…

Decisions on Community Patent Convention.

— Regulation 87 — Decisions on Community Patent Convention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication and certificate of grant.

— Regulation 24 — Publication and certificate of grant. As soon as practicable after a patent has been granted under this Act the comptroller shall publish in…

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

— Regulation 12 — Determination of questions about entitlement to foreign and convention patents, etc. At any time before a patent is granted for an invention…

Communication of information to the European Patent Office, etc.

— Regulation 94 — Communication of information to the European Patent Office, etc. It shall not be unlawful by virtue of any enactment to communicate the…

References of disputes as to Crown use.

— Regulation 58 — References of disputes as to Crown use. Any dispute as to— the exercise by a government department, or a person authorised by a government…

Comptroller’s annual report.

— Regulation 121 — Comptroller’s annual report. Before 1st December in every financial year the comptroller shall cause to be laid before both Houses of…

Extension of time limits specified by comptroller

— Regulation 117B — Extension of time limits specified by comptroller Subsection (2) below applies in relation to a period if it is specified by the…

Inventive step.

— Regulation 3 — Inventive step. An invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art, having regard to…

Effect of order for restoration of patent.

— Regulation 28A — Effect of order for restoration of patent. The effect of an order for the restoration of a patent is as follows. Anything done under or in…

Effect of European patent (UK).

— Regulation 77 — Effect of European patent (UK). Subject to the provisions of this Act, a European patent (UK) shall, as from the publication of the mention…

Rules, regulations and orders; supplementary.

— Regulation 124 — Rules, regulations and orders; supplementary. Any power conferred on the Secretary of State by this Act to make rules, regulations or orders…

Rules.

— Regulation 123 — Rules. The Secretary of State may make such rules as he thinks expedient for regulating the business of the Patent Office in relation to…

Compulsory pharmaceutical licences

— Regulation 128A — Compulsory pharmaceutical licences In this Act a “compulsory pharmaceutical licence” means a compulsory licence granted under Regulation…

Determination of right to patent after grant.

— Regulation 37 — Determination of right to patent after grant. After a patent has been granted for an invention any person having or claiming a proprietary…

Amendment of patent in infringement or revocation proceedings.

— Regulation 75 — Amendment of patent in infringement or revocation proceedings. In any proceedings before the court or the comptroller in which the validity…

Financial provisions.

— Regulation 95 — Financial provisions. There shall be paid out of moneys provided by Parliament any sums required by any Minister of the Crown or government…

Powers exercisable in consequence of report of Competition and Markets Authority.

— Regulation 51 — Powers exercisable in consequence of report of Competition and Markets Authority. Where a report of the Competition and Markets Authority has…

The Patents Court.

— Regulation 96 — The Patents Court. There shall be constituted, as part of the Chancery Division of the High Court, a Patents Court to take such proceedings…

Hours of business and excluded days.

— Regulation 120 — Hours of business and excluded days. The comptroller may give directions specifying the hour at which the Patent Office shall be taken to be…

Evidence of conventions and instruments under conventions.

— Regulation 91 — Evidence of conventions and instruments under conventions. Judicial notice shall be taken of the following, that is to say— the European…

Publication of application.

— Regulation 16 — Publication of application. Subject to section 22 below and to any prescribed restrictions, where an application has a date of filing, then…

Determination after grant of questions referred before grant.

— Regulation 9 — Determination after grant of questions referred before grant. If a question with respect to a patent or application is referred by any person…

Effect of resuscitating a withdrawn application under section 117

— Regulation 117A — Effect of resuscitating a withdrawn application under section 117 Where— the comptroller is requested to correct an error or mistake in a…

Term of patent.

— Regulation 25 — Term of patent. A patent granted under this Act shall be treated for the purposes of the following provisions of this Act as having been…

Powers exercisable following merger and market investigations

— Regulation 50A — Powers exercisable following merger and market investigations Subsection (2) below applies where— section 41 (2), 55 (2), 66 (6), 75 (2), 83…

Search.

— Regulation 17 — Search. The comptroller shall refer an application for a patent to an examiner for a search if, and only if— the comptroller has referred the…

Reinstatement of applications

— Regulation 20A — Reinstatement of applications Subsection (2) below applies where an application for a patent is refused, or is treated as having been…

Unauthorised claim of patent rights.

— Regulation 110 — Unauthorised claim of patent rights. If a person falsely represents that anything disposed of by him for value is a patented product he…

Reviews of opinions under section 74A

— Regulation 74B — Reviews of opinions under section 74A Rules may make provision for a review before the comptroller, on an application by the proprietor or…

Biotechnological inventions

— Regulation 76A — Biotechnological inventions Any provision of, or made under, this Act is to have effect in relation to a patent or an application for a…

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

— Regulation 102 — Right of audience, &c. in proceedings before comptroller. A party to proceedings before the comptroller under this Act, or under any treaty…

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

— Regulation 78 — Effect of filing an application for a European patent (UK). Subject to the provisions of this Act, an application for a European patent (UK)…

Effect of patent decisions of competent authorities of other states.

— Regulation 83 — Effect of patent decisions of competent authorities of other states. A determination of a question to which section 82 above applies by the…

Supplementary: proceedings for delivery up etc.

— Regulation 70F — Supplementary: proceedings for delivery up etc. In section 70(1)(b) the reference to proceedings for infringement of a patent includes a…

Effect of reinstatement under section 20A

— Regulation 20B — Effect of reinstatement under section 20A The effect of reinstatement under section 20A of an application for a patent is as follows…

Offences by corporations.

— Regulation 113 — Offences by corporations. Where an offence under this Act which has been committed by a body corporate is proved to have been committed with…

Special provisions where patented invention is being worked abroad.

— Regulation 54 — Special provisions where patented invention is being worked abroad. Her Majesty may by Order in Council provide that the comptroller may not…

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

— Regulation 31 — Nature of, and transactions in, patents and applications for patents in Scotland. Section 30 above shall not extend to Scotland, but instead…

Compensation of employees for certain inventions.

— Regulation 40 — Compensation of employees for certain inventions. Where it appears to the court or the comptroller on an application made by an employee…

Use of electronic communications

— Regulation 124A — Use of electronic communications The comptroller may give directions as to the form and manner in which documents to be delivered to the…

Declaration or declarator as to non-infringement

— Regulation 71 — Declaration or declarator as to non-infringement Without prejudice to the court’s jurisdiction to make a declaration or declarator apart from…

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

— Regulation 11 — Effect of transfer of application under s. 8 or 10. Where an order is made or directions are given under section 8 or 10 above that an…

Making of application.

— Regulation 14 — Making of application. Every application for a patent— shall be made in the prescribed form and shall be filed at the Patent Office in the…

Unauthorised claim that patent has been applied for.

— Regulation 111 — Unauthorised claim that patent has been applied for. If a person represents that a patent has been applied for in respect of any article…

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— Regulation 84 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

Authentic text of European patents and patent applications.

— Regulation 80 — Authentic text of European patents and patent applications. Subject to subsection

Compensation for loss of profit.

— Regulation 57A — Compensation for loss of profit. Where use is made of an invention for the services of the Crown, the government department concerned shall…

Supplementary: pending registration

— Regulation 70E — Supplementary: pending registration In sections 70 and 70B references to a patent include references to an application for a patent that has…

Existing patents and applications.

— Regulation 127 — Existing patents and applications. No application for a patent may be made under the 1949 Act on or after the appointed day. Schedule 1 to…

Service by post.

— Regulation 119 — Service by post. Any notice required or authorised to be given by this Act or rules, and any application or other document so authorised or…

Certificate of contested validity of patent.

— Regulation 65 — Certificate of contested validity of patent. If in any proceedings before the court or the comptroller the validity of a patent to any extent…

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— Regulation 44 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Infringement of rights conferred by publication of application.

— Regulation 69 — Infringement of rights conferred by publication of application. Where an application for a patent for an invention is published, then…

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

— Regulation 132 — Short title, extent, commencement, consequential amendments and repeals. This Act may be cited as the Patents Act 1977. This Act shall…

Designation as international organisation of which UK is member

— Regulation 88B — Designation as international organisation of which UK is member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals from the comptroller.

— Regulation 97 — Appeals from the comptroller. Except as provided by subsection (4) below, an appeal shall lie to the Patents Court from any decision of the…

Copyright in documents made available electronically for inspection under section 118(1)

— Regulation 118A — Copyright in documents made available electronically for inspection under section 118(1)…

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

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

Immunity of department as regards official acts.

— Regulation 116 — Immunity of department as regards official acts. Neither the Secretary of State nor any officer of his— shall be taken to warrant the…

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

— Regulation 6 — Disclosure of matter, etc., between earlier and later applications. It is hereby declared for the avoidance of doubt that where an application…

General power to amend specification after grant.

— Regulation 27 — General power to amend specification after grant. Subject to the following provisions of this section and to section 76 below, the…

Methods of treatment or diagnosis

— Regulation 4A — Methods of treatment or diagnosis A patent shall not be granted for the invention of— a method of treatment of the human or animal body by…

Priority date.

— Regulation 5 — Priority date. For the purposes of this Act the priority date of an invention to which an application for a patent relates and also of any…

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

— Regulation 79 — Operation of s. 78 in relation to certain European patent applications. Subject to the following provisions of this section, section 78…

Effect of non-registration on infringement proceedings.

— Regulation 68 — Effect of non-registration on infringement proceedings. Where by virtue of a transaction, instrument or event to which section 33 above…

Cancellation of entry made under s. 46.

— Regulation 47 — Cancellation of entry made under s. 46. At any time after an entry has been made under section 46 above in respect of a patent, the…

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

— Regulation 73 — Comptroller’s power to revoke patents on his own initiative. If it appears to the comptroller that an invention for which a patent has been…

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

— Regulation 74 — Proceedings in which validity of patent may be put in issue. Subject to the following provisions of this section, the validity of a patent…

Mention of inventor.

— Regulation 13 — Mention of inventor. The inventor or joint inventors of an invention shall have a right to be mentioned as such in any patent granted for the…

Effect of transfer of patent under s. 37.

— Regulation 38 — Effect of transfer of patent under s. 37. Where an order is made under section 37 above that a patent shall be transferred from any person or…

Northern Ireland.

— Regulation 131 — Northern Ireland. In the application of this Act to Northern Ireland— “enactment” includes an enactment of the Parliament of Northern…

Restrictions on recovery of damages for infringement.

— Regulation 62 — Restrictions on recovery of damages for infringement. In proceedings for infringement of a patent damages shall not be awarded, and no order…

Opposition, appeal and arbitration.

— Regulation 52 — Opposition, appeal and arbitration. The proprietor of the patent concerned or any other person wishing to oppose an application under…

Enforcement of orders for costs.

— Regulation 93 — Enforcement of orders for costs. If the European Patent Office orders the payment of costs in any proceedings before it— in England and Wales…

Compulsory licences; supplementary provisions.

— Regulation 53 — Compulsory licences; supplementary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In any proceedings on an…

Supplementary.

— Regulation 43 — Supplementary. Sections 39 to 42 above shall not apply to an invention made before the appointed day. Sections 39 to 42 above shall not apply…

General powers of the court.

— Regulation 99 — General powers of the court. The court may, for the purpose of determining any question in the exercise of its original or appellate…

International and national phases of application.

— Regulation 89A — International and national phases of application. The provisions of the Patent Co-operation Treaty relating to publication, search…

Existing patents and applications.

— Regulation 127 — Existing patents and applications. (3) above, the application may nevertheless serve to establish a priority date in relation to a later…

Interpretation, etc., of provisions about Crown use.

— Regulation 56 — Interpretation, etc., of provisions about Crown use. (2)(b) above, specified drugs and medicines are drugs and medicines which are both—…

Restrictions on applications abroad by United Kingdom residents.

— Regulation 23 — Restrictions on applications abroad by United Kingdom residents. (3) above only if— he knows that filing the application, or causing it to be…

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

— Regulation 8 — Determination before grant of questions about entitlement to patents, etc. (6) below.— order that the application shall proceed in the name of…

Rights of third parties in respect of Crown use.

— Regulation 57 — Rights of third parties in respect of Crown use. (1) above applies to a licence, assignment, assignation or agreement which is made, whether…

Interpretation.

— Regulation 130 — Interpretation. under the law of the country where the application was made or in accordance with the terms of a treaty or convention to…

Powers exercisable following merger and market investigations

— Regulation 50A — Powers exercisable following merger and market investigations (2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action…

Term of patent.

— Regulation 25 — Term of patent. (3) below, shall continue in force until the end of the period of 20 years beginning with the date of filing the application…

Search.

— Regulation 17 — Search. (6) below, on a search requested under this section, the examiner shall make such investigation as in his opinion is reasonably…

Amount of compensation.

— Regulation 41 — Amount of compensation. (1) above the amount of any benefit derived or expected to be derived by an employer from the assignment, assignation…

Patentable inventions.

— Regulation 1 — Patentable inventions. (2) above for the purpose of maintaining them in conformity with developments in science and technology; and no such…

Making of application.

— Regulation 14 — Making of application. (5)(d) above, rules may provide for treating two or more inventions as being so linked as to form a single inventive…

Jurisdiction to determine questions as to right to a patent.

— Regulation 82 — Jurisdiction to determine questions as to right to a patent. question if either of the following conditions is satisfied, that is to say— the…

Use of patented inventions for services of the Crown.

— Regulation 55 — Use of patented inventions for services of the Crown. kept (as the case may be), and anything done by virtue of this subsection shall not…

Effect of order for restoration of patent.

— Regulation 28A — Effect of order for restoration of patent. (4) may— authorise the doing of that act by any partners of his for the time being in that…

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

— Regulation 12 — Determination of questions about entitlement to foreign and convention patents, etc. (1) above, in its application to a European patent and…

Infringement of rights conferred by publication of application.

— Regulation 69 — Infringement of rights conferred by publication of application. (3) above shall not apply to an infringement of the rights conferred by this…

Effect of transfer of patent under s. 37.

— Regulation 38 — Effect of transfer of patent under s. 37. (2) above or that a person other than an old proprietor may make a new application for a patent and…

Obtaining evidence for proceedings under the European Patent Convention.

— Regulation 92 — Obtaining evidence for proceedings under the European Patent Convention. (4) of the Perjury (Northern Ireland) Order 1979 (statements made…

Opposition, appeal and arbitration.

— Regulation 52 — Opposition, appeal and arbitration. (2)(a) above that the circumstances which led to the making of the order or entry have ceased to exist…

Effect of European patent (UK).

— Regulation 77 — Effect of European patent (UK). (1) above shall not affect the operation in relation to a European patent (UK) of any provisions of the…

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

— Regulation 118 — Information about patent applications and patents, and inspection of documents. (3)(aa) otherwise than in accordance with the working…

Use of electronic communications

— Regulation 124A — Use of electronic communications (5) applies in relation to a case where— a document is delivered using electronic communications, and…

Effect of reinstatement under section 20A

— Regulation 20B — Effect of reinstatement under section 20A (4) does not become exercisable until the end of the period during which a request may be made…

Compensation of employees for certain inventions.

— Regulation 40 — Compensation of employees for certain inventions. compensation of an amount determined under section 41 below. Subsections (1) and (2) above…

Compensation for loss of profit.

— Regulation 57A — Compensation for loss of profit. 57. In this section “the government department concerned”, in relation to any use of an invention for the…

Substantive examination and grant or refusal of patent.

— Regulation 18 — Substantive examination and grant or refusal of patent. (1) above for the comptroller to refer an application to an examiner for a ... search…

Cancellation of entry made under s. 46.

— Regulation 47 — Cancellation of entry made under s. 46. (3) above, that the proprietor of the patent is and was so precluded, he shall cancel the entry; and…

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

— Regulation 46 — Patentee’s application for entry in register that licences are available as of right. have been payable by him as licensee if such a licence…

Effect of resuscitating a withdrawn application under section 117

— Regulation 117A — Effect of resuscitating a withdrawn application under section 117 (3) above and, after the withdrawal of the application and before…

Relief for infringement of partially valid patent.

— Regulation 63 — Relief for infringement of partially valid patent. (2) below, grant relief in respect of that part of the patent which is found to be valid…

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

— Regulation 33 — Effect of registration, etc., on rights in patents. (1) above shall apply equally to the case where any person claims to have acquired any…

Power to revoke patents on application.

— Regulation 72 — Power to revoke patents on application. (1)(b) above— may only be made by a person found by the court in an action for a declaration or…

Restrictions on recovery of damages for infringement.

— Regulation 62 — Restrictions on recovery of damages for infringement. (4) above, but before the payment of the renewal fee and any additional fee prescribed…

Adaptation of provisions in relation to international application.

— Regulation 89B — Adaptation of provisions in relation to international application. (6) above, or on the service by the applicant of a translation into…

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

— Regulation 128 — Priorities between patents and applications under 1949 Act and this Act. (1)(a) of the 1949 Act (which specifies, as one of the grounds of…

Compulsory pharmaceutical licences

— Regulation 128A — Compulsory pharmaceutical licences (8) (disapplication of Part 1 of Arbitration Act 1996). In section 108 (licences granted by order of…

Determination of right to patent after grant.

— Regulation 37 — Determination of right to patent after grant. (2)(d) above fails to do anything necessary for carrying out any such directions within 14 days…

Rules.

— Regulation 123 — Rules. (3), 71 or 72 above; providing for the appointment of advisers to assist the comptroller in any proceeding before him; prescribing…

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

— Regulation 11 — Effect of transfer of application under s. 8 or 10. (2) above— the original applicant or any of the applicants, acting in good faith, worked…

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

— Regulation 74 — Proceedings in which validity of patent may be put in issue. (1)(b) above unless— it has been determined in entitlement proceedings commenced…

Date of filing application.

— Regulation 15 — Date of filing application. (1) above, the comptroller shall as soon as practicable after the filing of the last of those documents notify…

Effect of international application for patent.

— Regulation 89 — Effect of international application for patent. (3)) deemed to be withdrawn under the Treaty, it shall be treated as withdrawn under this…

Priority date.

— Regulation 5 — Priority date. than one, of the earliest of them; and where the comptroller has given permission under subsection (2B) below for a late…

Exercise of powers on applications under s. 48.

— Regulation 50 — Exercise of powers on applications under s. 48. (1) above, the comptroller shall, in determining whether to make an order or entry in…

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

— Regulation 30 — Nature of, and transactions in, patents and applications for patents. (4) above shall have effect subject to the following provisions of this…

Information prejudicial to national security or safety of public.

— Regulation 22 — Information prejudicial to national security or safety of public. to the International Bureau or any international searching authority…

Powers exercisable in consequence of report of Competition and Markets Authority.

— Regulation 51 — Powers exercisable in consequence of report of Competition and Markets Authority. licences granted under a patent by its proprietor…

Appeals from the comptroller.

— Regulation 97 — Appeals from the comptroller. (4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2). An appeal shall lie…

Register of patents etc.

— Regulation 32 — Register of patents etc. (2)(b) above, no notice of any trust, whether express, implied or constructive, shall be entered in the register and…

Compulsory licences: general.

— Regulation 48 — Compulsory licences: general. (1)(c) above, order the grant of a licence to the person specified in the application on such terms as the…

Supplementary.

— Regulation 43 — Supplementary. by their assent. For the purposes of sections 40 and 41 above the benefit derived or expected to be derived by an employer…

Compulsory licences: WTO proprietors.

— Regulation 48A — Compulsory licences: WTO proprietors. on the ground mentioned in subsection (1)(b)(i) above unless the comptroller is satisfied that the…

Permitted communications

— Regulation 70B — Permitted communications (1)(b)(i))— a statement that a patent exists and is in force or that an application for a patent has been made…

Compulsory licences: other cases.

— Regulation 48B — Compulsory licences: other cases. licences under the patent, or on the disposal or use of the patented product or on the use of the patented…

Evidence of conventions and instruments under conventions.

— Regulation 91 — Evidence of conventions and instruments under conventions. (1)(b) above shall be admissible as evidence of any instrument or other act…

References of disputes as to Crown use.

— Regulation 58 — References of disputes as to Crown use. (4) of that section, or the right of any person to receive a payment under section 57A, may be…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. (2) above shall not apply to the supply or offer of a staple commercial product unless the supply or the offer is…

International and national phases of application.

— Regulation 89A — International and national phases of application. (3)(a) being satisfied, the application shall be taken to be withdrawn. Where during the…

Restoration of lapsed patents.

— Regulation 28 — Restoration of lapsed patents. consequential on the revocation as he thinks fit…

Co-ownership of patents and applications for patents.

— Regulation 36 — Co-ownership of patents and applications for patents. the means, relating to an essential element of the invention, for putting the invention…

Novelty.

— Regulation 2 — Novelty. was entitled to obtain it; or from any other person to whom the matter was made available in confidence by any person mentioned in…

Conversion of European patent applications.

— Regulation 81 — Conversion of European patent applications. (2) below an application for a European patent (UK) shall be treated as an application for a…

Authentic text of European patents and patent applications.

— Regulation 80 — Authentic text of European patents and patent applications. (2) below, the text of a European patent or application for such a patent in the…

Preliminary examination

— Regulation 15A — Preliminary examination (6)(a) above before the end of the period specified by the comptroller under that subsection, and as a result of the…

Reinstatement of applications

— Regulation 20A — Reinstatement of applications (1) above within the further period specified by the comptroller in the order reinstating the application. The…

Special provisions as to Crown use during emergency.

— Regulation 59 — Special provisions as to Crown use during emergency. under section 69 below to bring proceedings in respect of the application concerned, and…

Proceedings for infringement of patent.

— Regulation 61 — Proceedings for infringement of patent. (3) above and the making of such a reference; any reference to a claimant or pursuer includes a…

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

— Regulation 73 — Comptroller’s power to revoke patents on his own initiative. (1)(a) or (b) is not satisfied in relation to an invention for which there is a…

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

— Regulation 78 — Effect of filing an application for a European patent (UK). (2) above; where a period of time relevant to priority is extended under that…

Use of patented inventions for services of the Crown.

— Regulation 55 — Use of patented inventions for services of the Crown. invention but before such a patent is granted, and the terms for its use agreed or…

Substantive examination and grant or refusal of patent.

— Regulation 18 — Substantive examination and grant or refusal of patent. observations on the report and to amend the application so as to comply with those…

Opposition, appeal and arbitration.

— Regulation 52 — Opposition, appeal and arbitration. (2) above is opposed, and either– the parties consent, or the proceedings require a prolonged examination…

Jurisdiction to determine questions as to right to a patent.

— Regulation 82 — Jurisdiction to determine questions as to right to a patent. (5) above, the court and the comptroller shall have jurisdiction to determine…

Powers exercisable following merger and market investigations

— Regulation 50A — Powers exercisable following merger and market investigations (1)(c)(i) above or may, instead or in addition, make an entry in the register…

Evidence of conventions and instruments under conventions.

— Regulation 91 — Evidence of conventions and instruments under conventions. section shall be sufficient evidence of it. In this section— “convention…

Determination of right to patent after grant.

— Regulation 37 — Determination of right to patent after grant. (4) above on that ground, if the reference was made after the second anniversary of the date of…

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

— Regulation 11 — Effect of transfer of application under s. 8 or 10. (2) or (3A) above, the person in whose name the application is to proceed or, as the case…

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

— Regulation 8 — Determination before grant of questions about entitlement to patents, etc. (1)(a) above and— the comptroller orders an application for a…

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

— Regulation 73 — Comptroller’s power to revoke patents on his own initiative. (2) above before— the end of the period for filing an opposition to the European…

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

— Regulation 74 — Proceedings in which validity of patent may be put in issue. (3), 69, 71 or 72 above. It is hereby declared that for the purposes of this Act…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. (2) shall not apply to an act done in relation to a product that is subject to a patent where the product has been…

Priority date.

— Regulation 5 — Priority date. (2) above. The comptroller shall grant a request made under subsection (2B) above if, and only if— the request complies with…

Rights of third parties in respect of Crown use.

— Regulation 57 — Rights of third parties in respect of Crown use. (4) of that section shall have effect as if the reference to the proprietor of the patent…

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

— Regulation 78 — Effect of filing an application for a European patent (UK). (3) above shall cease to apply to an application for a European patent (UK)…

Authentic text of European patents and patent applications.

— Regulation 80 — Authentic text of European patents and patent applications. of an act which infringed the patent as correctly translated, but not as…

Compulsory licences: other cases.

— Regulation 48B — Compulsory licences: other cases. (1)(d)(i) above, and any licence granted under section 48 above on that ground shall contain such…

Information prejudicial to national security or safety of public.

— Regulation 22 — Information prejudicial to national security or safety of public. (2) above until they are revoked under paragraph (e) below; if the…

Register of patents etc.

— Regulation 32 — Register of patents etc. (6) above or rules is a right to a copy or extract in a form in which it can be taken away and in which it is…

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

— Regulation 33 — Effect of registration, etc., on rights in patents. (1)(a) above, registration of the application shall be treated as registration of the…

Use of electronic communications

— Regulation 124A — Use of electronic communications by transmitting an electronic communication containing the document to an address provided or made…

References of disputes as to Crown use.

— Regulation 58 — References of disputes as to Crown use. (1)(a), (b) or (c) above and the nature and extent of the relief granted the court shall, subject to…

Effect of European patent (UK).

— Regulation 77 — Effect of European patent (UK). (6)(b) below. Where a European patent (UK) is revoked in accordance with the European Patent Convention or…

Amount of compensation.

— Regulation 41 — Amount of compensation. derived from his employment or has derived in relation to the invention under this Act; the effort and skill which…

Interpretation, etc., of provisions about Crown use.

— Regulation 56 — Interpretation, etc., of provisions about Crown use. to the National Health Service (Wales) Act 2006, or under any corresponding provision of…

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

— Regulation 12 — Determination of questions about entitlement to foreign and convention patents, etc. (1) above or any such proceedings as are mentioned in…

Effect of resuscitating a withdrawn application under section 117

— Regulation 117A — Effect of resuscitating a withdrawn application under section 117 (5) above, that other and any person claiming through him may deal with…

Conversion of European patent applications.

— Regulation 81 — Conversion of European patent applications. convention to a later date, that later date shall be treated for those purposes as the date of…

Power to revoke patents on application.

— Regulation 72 — Power to revoke patents on application. (4) above to the specification being amended is to its being amended under section 75 below and also…

Date of filing application.

— Regulation 15 — Date of filing application. (1) below to correct an error or mistake. Where, after an application for a patent has been filed and before the…

Interpretation.

— Regulation 130 — Interpretation. a patent conferring on the licensee, or on him and persons authorised by him, to the exclusion of all other persons…

Search.

— Regulation 17 — Search. the comptroller may at any time refer the application to an examiner for a supplementary search, and subsections (4) and (5) above…

Rules.

— Regulation 123 — Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules shall provide for the publication by the…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. or vehicle which has temporarily or accidentally entered or is crossing the United Kingdom (including the air space…

Authentic text of European patents and patent applications.

— Regulation 80 — Authentic text of European patents and patent applications. (5) above, the right conferred by subsection (4) above does not extend to…

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

— Regulation 12 — Determination of questions about entitlement to foreign and convention patents, etc. (1) above or the publication of the application; the…

Rights of third parties in respect of Crown use.

— Regulation 57 — Rights of third parties in respect of Crown use. (4) payment as may be agreed on by them or as may in default of agreement be determined by…

Determination of right to patent after grant.

— Regulation 37 — Determination of right to patent after grant. (4) above on the reference unless notice of the reference is given to all persons registered as…

Priority date.

— Regulation 5 — Priority date. of the World Trade Organisation for protection in respect of an invention which, in accordance with the law of that country or…

Information prejudicial to national security or safety of public.

— Regulation 22 — Information prejudicial to national security or safety of public. (5)(c) above— where the application contains information relating to the…

Jurisdiction to determine questions as to right to a patent.

— Regulation 82 — Jurisdiction to determine questions as to right to a patent. has not exercised its right under the convention to exclude the application of…

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

— Regulation 78 — Effect of filing an application for a European patent (UK). (3) above ceasing to apply to an application for a European patent (UK) and the…

Use of patented inventions for services of the Crown.

— Regulation 55 — Use of patented inventions for services of the Crown. (4) above include terms as to payment for the use, then (notwithstanding anything in…

Register of patents etc.

— Regulation 32 — Register of patents etc. (6) above; a copy of any document kept in the Patent Office or an extract from any such document, any specification…

Effect of European patent (UK).

— Regulation 77 — Effect of European patent (UK). (1) above shall not apply to a European patent (UK) the specification of which was published in French or…

Amount of compensation.

— Regulation 41 — Amount of compensation. (4)(d) above. Any order for the payment of compensation under section 40 above may be an order for the payment of a…

Interpretation.

— Regulation 130 — Interpretation. (6) above; “mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb…

References of disputes as to Crown use.

— Regulation 58 — References of disputes as to Crown use. (8) below, grant relief to the proprietor of the patent in respect of that part of the patent which…

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

— Regulation 8 — Determination before grant of questions about entitlement to patents, etc. (4) above fails to do anything necessary for carrying out any such…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. on a Unified Patent Court. For the purposes of subsection (2) above a person who does an act in relation to an…

Rights of third parties in respect of Crown use.

— Regulation 57 — Rights of third parties in respect of Crown use. (4) of section 55 above shall (whether or not it applies to any such use of the invention)…

References of disputes as to Crown use.

— Regulation 58 — References of disputes as to Crown use. court shall consider whether or not it would have been reasonable to expect, from a consideration of…

Information prejudicial to national security or safety of public.

— Regulation 22 — Information prejudicial to national security or safety of public. below shall apply as if— the working were use made by section 55; the…

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

— Regulation 8 — Determination before grant of questions about entitlement to patents, etc. (2)(a), (b) or (d) above on the reference unless notice of the…

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

— Regulation 78 — Effect of filing an application for a European patent (UK). (6) to (6B) above apply in relation to the use of a patented invention for the…

Interpretation.

— Regulation 130 — Interpretation. department of the European Patent Office; “right”, in relation to any patent or application, includes an interest in the…

Use of patented inventions for services of the Crown.

— Regulation 55 — Use of patented inventions for services of the Crown. disposed of in the exercise of powers conferred by this section, and any person…

Interpretation.

— Regulation 130 — Interpretation. (1) above and any such statement shall be conclusive evidence that the exhibition falls within that definition. For the…

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

— Regulation 78 — Effect of filing an application for a European patent (UK). (7) above shall come into force on a day appointed for the purpose by rules and…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. (5)(b), anything done in or for the purposes of a medicinal product assessment which would otherwise constitute an…

References of disputes as to Crown use.

— Regulation 58 — References of disputes as to Crown use. (3) above) , or to any compensation under section 57A above, in respect of a subsequent use of the…

Meaning of infringement.

— Regulation 60 — Meaning of infringement. (5)(b) in relation to any act of a kind not falling within subsection (6D). Subsection 5(k) applies to an act or use…

Interpretation.

— Regulation 130 — Interpretation. to any instrument made under any such convention or agreement. Whereas by a resolution made on the signature of the…