LegalizeReform history
Patents Act 1977
35 versions
· 1977-07-29
2024-05-24
Patents Act 1977
2023-12-31
Patents Act 1977
2021-04-12
Patents Act 1977
2020-12-31
Patents Act 1977
2017-10-01
Patents Act 1977
2017-02-15
Patents Act 1977
2016-06-01
Patents Act 1977
2016-03-12
Patents Act 1977
2014-10-01
Patents Act 1977
2014-06-01
Patents Act 1977
2014-04-01
Patents Act 1977
2013-11-11
Patents Act 1977
2011-12-23
Patents Act 1977
2011-10-01
Patents Act 1977
2010-06-05
Patents Act 1977
2010-01-01
Patents Act 1977
2009-10-01
Patents Act 1977
2007-12-17
Patents Act 1977
2007-12-13
Patents Act 1977
2007-03-01
Patents Act 1977
2006-10-01
Patents Act 1977
Changes on 2006-10-01
@@ -3317,7 +3317,7 @@
## SCHEDULE 6
#### Patentable inventions.
#### Novelty.
##### 28A
@@ -3551,7 +3551,7 @@
- (5) When the national phase begins the comptroller shall refer the application for so much of the examination and search under sections 15A, 17 and 18 above as he considers appropriate in view of any examination or search carried out under the Treaty.
#### Making of application.
#### Mention of inventor.
##### 99A
@@ -4543,13 +4543,31 @@
[^key-ebf8a2a9c4a8cba05ad6f0d9096713f5]: Words in s. 130(1) substituted (29.4.2006) by [Intellectual Property (Enforcement, etc) Regulations 2006 (S.I. 2006/1028)](https://www.legislation.gov.uk/uksi/2006/1028), [art. 1](https://www.legislation.gov.uk/uksi/2006/1028/article/1), [Sch. 2 para. 5(1)](https://www.legislation.gov.uk/uksi/2006/1028/schedule/2/paragraph/5/1) (with [reg. 5(2)](https://www.legislation.gov.uk/uksi/2006/1028/regulation/5/2))
[^key-48ad22c7ab04bd67a314cbe228901975]: Word in s. 124A(1) substituted (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(2)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/2)
[^key-3c08ffa32d3ae566c8013a1d775645c6]: Words in s. 124A(3) substituted (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(3)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/3)
[^key-541032cf095080f4b8aa17878288edfb]: Word in s. 124A(5) substituted (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(4)(a)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/4/a)
[^key-4f2ffcbe70603a9b565dfdc9023cd6ed]: Word in s. 124A(5) inserted (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(4)(b)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/4/b)
[^key-021fc108e345ab23ca71a93fee024320]: Word in s. 124A(6) substituted (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(5)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/5)
[^key-8df24d6ab84060dba6761937d774bbd8]: Word in s. 124A(7) substituted (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(6)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/6)
[^key-9bbfe42fabf7e7f36d516acdb3c01817]: S. 124A(13)-(16) substituted for s. 124A(13)-(15) (1.10.2006) by [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(8)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/8)
[^key-0b41323c94dafb8afb6f7bca6c2e60d0]: S. 124A(9)(10) omitted (1.10.2006) by virtue of [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(7)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/7)
[^key-c581793954a0841b26ecea1e0606203d]: S. 124A(12) omitted (1.10.2006) by virtue of [Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006 (S.I. 2006/1229)](https://www.legislation.gov.uk/uksi/2006/1229), [arts. 1](https://www.legislation.gov.uk/uksi/2006/1229/article/1), [4(7)](https://www.legislation.gov.uk/uksi/2006/1229/article/4/7)
[^M_F_9d1153d5-2320-4aa5-ccbd-8b497111f6c9]: Words substituted by [Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A)](https://www.legislation.gov.uk/ukpga/1988/48), [s. 295](https://www.legislation.gov.uk/ukpga/1988/48/section/295), [Sch. 5 para. 21(4)](https://www.legislation.gov.uk/ukpga/1988/48/schedule/5/paragraph/21/4)
[^M_F_9bfb58fe-c211-45b7-85a4-61e59b9384db]: Words in s. 51 heading substituted (1.4.1999) by [Competition Act 1998 (c. 41)](https://www.legislation.gov.uk/ukpga/1998/41), [ss. 45(4)](https://www.legislation.gov.uk/ukpga/1998/41/section/45/4), [76(3)](https://www.legislation.gov.uk/ukpga/1998/41/section/76/3); [S.I. 1999/505](https://www.legislation.gov.uk/uksi/1999/505), [art. 2](https://www.legislation.gov.uk/uksi/1999/505/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1999/505/schedule)
##### 124A
- (1) The comptroller may make directions as to the form and manner in which documents to be delivered to the comptroller—
- (1) The comptroller may give directions as to the form and manner in which documents to be delivered to the comptroller—
- (a) in electronic form; or
@@ -4559,7 +4577,7 @@
- (2) A direction under subsection (1) may provide that in order for a document to be delivered in compliance with the direction it shall be accompanied by one or more additional documents specified in the direction.
- (3) If a document to which a direction under subsection (1) applies is delivered to the comptroller in a form or manner which does not comply with the direction the comptroller may treat the document as not having been delivered.
- (3) Subject to subsections (14) and (15), if a document to which a direction under subsection (1) or (2) applies is delivered to the comptroller in a form or manner which does not comply with the direction the comptroller may treat the document as not having been delivered.
- (4) Subsection (5) applies in relation to a case where—
@@ -4567,15 +4585,15 @@
- (b) there is a requirement for a fee to accompany the document.
- (5) The comptroller may make directions specifying—
- (a) how the fee shall be paid;
- (5) The comptroller may give directions specifying—
- (a) how the fee shall be paid; and
- (b) when the fee shall be deemed to have been paid.
- (6) The comptroller may make directions specifying that a person who delivers a document to the comptroller in electronic form or using electronic communications cannot treat the document as having been delivered unless its delivery has been acknowledged.
- (7) The comptroller may make directions specifying how a time of delivery is to be accorded to a document delivered to him in electronic form or using electronic communications.
- (6) The comptroller may give directions specifying that a person who delivers a document to the comptroller in electronic form or using electronic communications cannot treat the document as having been delivered unless its delivery has been acknowledged.
- (7) The comptroller may give directions specifying how a time of delivery is to be accorded to a document delivered to him in electronic form or using electronic communications.
- (8) A direction under this section may be given—
@@ -4585,41 +4603,41 @@
- (c) in relation to a particular person or persons.
- (9) In a case falling within subsection (8)(a) or (b), the direction must be published in such manner as the comptroller considers appropriate for the purpose of bringing it to the attention of the persons affected by it.
- (10) In a case falling within subsection (8)(c), the direction must be notified to that person or those persons in such manner as may be agreed between that person or those persons and the comptroller.
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (11) A direction under this section may be varied or revoked by a subsequent direction under this section.
- (12) A direction under this section may include incidental, supplementary, saving and transitional provisions.
- (13) Where the comptroller delivers a document using electronic communications then, unless the contrary intention has been specified by the comptroller, the delivery is deemed to be effected by the comptroller properly addressing and transmitting the electronic communication.
- (14) Where the comptroller makes a direction under this section which applies in addition to or in place of rules, to the extent that the direction applies—
- (a) “prescribed” in this Act includes prescribed by the direction;
- (b) references in this Act to compliance with rules or requirements of rules include compliance with the direction or requirements of the direction.
- (15) In this section—
- (a) references to a document include anything that is or may be embodied in paper form;
- (b) references to delivery to the comptroller include delivery at, in, with or to the Patent Office;
- (c) references to delivery by the comptroller include delivery by the Patent Office;
and cognate expressions must be construed accordingly.
#### Handling of application by joint applicants.
- (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (13) The delivery using electronic communications to any person by the comptroller of any document is deemed to be effected, unless the comptroller has otherwise specified, by transmitting an electronic communication containing the document to an address provided or made available to the comptroller by that person as an address of his for the receipt of electronic communications; and unless the contrary is proved such delivery is deemed to be effected immediately upon the transmission of the communication.
- (14) A requirement of this Act that something must be done in the prescribed manner is satisfied in the case of something that is done—
- (a) using a document in electronic form, or
- (b) using electronic communications,
only if the directions under this section that apply to the manner in which it is done are complied with.
- (15) In the case of an application made as mentioned in subsection (14)(a) or (b) above, a reference in this Act to the application not having been made in compliance with rules or requirements of this Act includes a reference to its not having been made in compliance with any applicable directions under this section.
- (16) This section applies—
- (a) to delivery at, in, with or to the Patent Office as it applies to delivery to the comptroller; and
- (b) to delivery by the Patent Office as it applies to delivery by the comptroller.
#### Determination after grant of questions referred before grant.
#### Determination of questions about entitlement to foreign and convention patents, etc.
#### International and national phases of application.
#### Publication and certificate of grant.
#### Compensation of employees for certain inventions.
#### Restrictions on applications abroad by United Kingdom residents.
#### Right to employees’ inventions.
#### Appeals from the comptroller.
@@ -4751,19 +4769,19 @@
- (b) the application being treated as having been refused or withdrawn.
#### Supplementary.
#### Use of patented inventions for services of the Crown.
#### Compensation for loss of profit.
#### Biotechnological inventions
#### Adaptation of provisions in relation to international application.
#### Enforceability of contracts relating to employees’ inventions.
#### Special provisions where patented invention is being worked abroad.
#### Rights of third parties in respect of Crown use.
#### Amendments of applications and patents not to include added matter.
#### International and national phases of application.
#### The Patents Court.
#### Proceedings in Scotland.
#### Appeals from the comptroller.
##### 117A
@@ -4825,9 +4843,9 @@
#### Comptroller’s annual report.
#### Rules.
#### Scotland
#### Crown’s right to sell forfeited articles.
#### Northern Ireland.
### Opinions by Patent Office
2006-04-29
Patents Act 1977
2006-04-03
Patents Act 1977
2005-10-30
Patents Act 1977
2005-10-01
Patents Act 1977
2005-04-06
Patents Act 1977
2005-01-01
Patents Act 1977
2004-12-16
Patents Act 1977
2004-09-22
Patents Act 1977
2004-04-01
Patents Act 1977
2003-06-20
Patents Act 1977
2003-06-10
Patents Act 1977
2003-04-01
Patents Act 1977
2003-01-01
Patents Act 1977
1977-07-29
Patents Act 1977
original version
Text at this date