Patents Act 1977
Part I New Domestic Law
Patentability
1 Patentable inventions.
2 Novelty.
3 Inventive step.
4 Industrial application.
4AMethods of treatment or diagnosis
5 Priority date.
6 Disclosure of matter, etc., between earlier and later applications.
Right to apply for and obtain a patent and be mentioned as inventor
7 Right to apply for and obtain a patent.
8 Determination before grant of questions about entitlement to patents, etc.
9 Determination after grant of questions referred before grant.
10 Handling of application by joint applicants.
11 Effect of transfer of application under s. 8 or 10.
12 Determination of questions about entitlement to foreign and convention patents, etc.
13 Mention of inventor.
Applications
14 Making of application.
15 Date of filing application.
15APreliminary examination
16 Publication of application.
Examination and search
17Search.
18 Substantive examination and grant or refusal of patent.
19 General power to amend application before grant.
20 Failure of application.
20AReinstatement of applications
20BEffect of reinstatement under section 20A
21 Observations by third party on patentability.
Security and safety
22 Information prejudicial to national security or safety of public.
23 Restrictions on applications abroad by United Kingdom residents.
Provisions as to patents after grant
24 Publication and certificate of grant.
25 Term of patent.
26 Patent not to be impugned for lack of unity.
27 General power to amend specification after grant.
28 Restoration of lapsed patents.
28A Effect of order for restoration of patent.
29 Surrender of patents.
Property in patents and applications, and registration
30 Nature of, and transactions in, patents and applications for patents.
31 Nature of, and transactions in, patents and applications for patents in Scotland.
32 Register of patents etc.
33 Effect of registration, etc., on rights in patents.
34 Rectification of register.
35 New Domestic Law
36 Co-ownership of patents and applications for patents.
37 Determination of right to patent after grant.
38 Effect of transfer of patent under s. 37.
Employees’ inventions
39 Right to employees’ inventions.
40 Compensation of employees for certain inventions.
41 Amount of compensation.
42 Enforceability of contracts relating to employees’ inventions.
43 Supplementary.
Contracts as to patented products, etc.
44 New Domestic Law
45 Determination of parts of certain contracts.
Licences of right and compulsory licences
46 Patentee’s application for entry in register that licences are available as of right.
47 Cancellation of entry made under s. 46.
48Compulsory licences: general.
48ACompulsory licences: WTO proprietors.
48BCompulsory licences: other cases.
49 Provisions about licences under s. 48.
50 Exercise of powers on applications under s. 48.
50A Powers exercisable following merger and market investigations
51 Powers exercisable in consequence of report of Competition and Markets Authority.
52Opposition, appeal and arbitration.
53 Compulsory licences; supplementary provisions.
54 Special provisions where patented invention is being worked abroad.
Use of patented inventions for services of the Crown
55 Use of patented inventions for services of the Crown.
56 Interpretation, etc., of provisions about Crown use.
57 Rights of third parties in respect of Crown use.
57A Compensation for loss of profit.
58 References of disputes as to Crown use.
59 Special provisions as to Crown use during emergency.
Infringement
60Meaning of infringement.
61 Proceedings for infringement of patent.
62 Restrictions on recovery of damages for infringement.
63 Relief for infringement of partially valid patent.
64 Right to continue use begun before priority date.
65 Certificate of contested validity of patent.
66 Proceedings for infringement by a co-owner.
67 Proceedings for infringement by exclusive licensee.
68 Effect of non-registration on infringement proceedings.
69 Infringement of rights conferred by publication of application.
70 Threats of infringement proceedings
70AActionable threats
70BPermitted communications
70CRemedies and defences
70DProfessional advisers
70ESupplementary: pending registration
70FSupplementary: proceedings for delivery up etc.
Declaration or declarator as to non-infringement
71Declaration or declarator as to non-infringement
Revocation of patents
72 Power to revoke patents on application.
73 Comptroller’s power to revoke patents on his own initiative.
Putting validity in issue
74 Proceedings in which validity of patent may be put in issue.
Opinions by Patent Office
74AOpinions on matters prescribed in the rules
74BReviews of opinions under section 74A
General provisions as to amendment of patents and applications
75 Amendment of patent in infringement or revocation proceedings.
76 Amendments of applications and patents not to include added matter.
76ABiotechnological inventions
Part II Provisions about International Conventions
European patents and patent applications
77 Effect of European patent (UK).
78 Effect of filing an application for a European patent (UK).
79 Operation of s. 78 in relation to certain European patent applications.
80 Authentic text of European patents and patent applications.
81 Conversion of European patent applications.
82 Jurisdiction to determine questions as to right to a patent.
83 Effect of patent decisions of competent authorities of other states.
83AEuropean patent with unitary effect and Unified Patent Court
84 Provisions about International Conventions
85 Provisions about International Conventions
Community patents
86 Implementation of Community Patent Convention.
87 Decisions on Community Patent Convention.
88 Provisions about International Conventions
Unified Patent Court
88AImplementation of Agreement on a Unified Patent Court
88BDesignation as international organisation of which UK is member
International applications for patents
89 Effect of international application for patent.
89A International and national phases of application.
89B Adaptation of provisions in relation to international application.
Convention countries
90 Orders in Council as to convention countries.
Miscellaneous
91 Evidence of conventions and instruments under conventions.
92 Obtaining evidence for proceedings under the European Patent Convention.
93 Enforcement of orders for costs.
94 Communication of information to the European Patent Office, etc.
95 Financial provisions.
Part III Miscellaneous and General
Legal Proceedings
96 The Patents Court.
97 Appeals from the comptroller.
98 Proceedings in Scotland.
99 General powers of the court.
99A Power of Patents Court to order report.
99B Power of Court of Session to order report.
100 Burden of proof in certain cases.
101 Exercise of comptroller’s discretionary powers.
102 Right of audience, &c. in proceedings before comptroller.
102A Right of audience, &c. in proceedings on appeal from the comptroller.
103 Extension of privilege for communications with solicitors relating to patent proceedings.
104 Privilege for communications with patent agents relating to patent proceedings.
105 Extension of privilege in Scotland for communications relating to patent proceedings.
106 Costs and expenses in proceedings before the Court ....
107 Costs and expenses in proceedings before the comptroller.
108 Licences granted by order of comptroller.
Offences
109 Falsification of register etc.
110 Unauthorised claim of patent rights.
111 Unauthorised claim that patent has been applied for.
112 Misuse of title “Patent Office”.
113 Offences by corporations.
114 Miscellaneous and General
115 Miscellaneous and General
Immunity of department
116 Immunity of department as regards official acts.
Administrative provisions
117 Correction of errors in patents and applications.
117AEffect of resuscitating a withdrawn application under section 117
117BExtension of time limits specified by comptroller
118 Information about patent applications and patents, and inspection of documents.
118ACopyright in documents made available electronically for inspection under section 118(1)
119 Service by post.
120 Hours of business and excluded days.
121 Comptroller’s annual report.
Supplemental
122 Crown’s right to sell forfeited articles.
123 Rules.
124 Rules, regulations and orders; supplementary.
124AUse of electronic communications
125 Extent of invention.
125A Disclosure of invention by specification: availablity of samples of biological material.
126 Supplemental
127 Existing patents and applications.
128 Priorities between patents and applications under 1949 Act and this Act.
128A Compulsory pharmaceutical licences
128BSupplementary protection certificates
129 Application of Act to Crown.
130 Interpretation.
131 Northern Ireland.
131AScotland
132 Short title, extent, commencement, consequential amendments and repeals.
SCHEDULES
SCHEDULE A1 DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS
1 Interpretation
2 Specified species
3 Liability to pay equitable remuneration
4 Exemption for small farmers
5 Information to be supplied by farmer
6 Information to be supplied by seed processor
7 Information to be supplied by relevant rights holder
8 Period in respect of which inquiry may be made
9 Restriction on movement for processing from the holding
10 Confidentiality
11 Formalities
12 Remedies
SCHEDULE A2 BIOTECHNOLOGICAL INVENTIONS
1An invention shall not be considered unpatentable solely on the...
2Biological material which is isolated from its natural environment or...
3The following are not patentable inventions— (a) the human body,...
4Inventions which concern plants or animals may be patentable if...
5An element isolated from the human body or otherwise produced...
6The industrial application of a sequence or partial sequence of...
7The protection conferred by a patent on a biological material...
8The protection conferred by a patent on a process that...
9The protection conferred by a patent on a product containing...
10The protection referred to in paragraphs 7, 8 and 9...
11In this Schedule: “essentially biological process” means a process for...
SCHEDULE A3EUROPEAN PATENT WITH UNITARY EFFECT
Meaning of “relevant statutory provisions”
1In this Schedule “relevant statutory provisions” means—
Provisions applied by this Schedule to the European patent with unitary effect
2The following provisions of this Act apply in relation to...
Manner of application of relevant statutory provisions
3The relevant statutory provisions apply in relation to a European...
Modifications of relevant statutory provisions
4(1) In their application in relation to the European patent...
Interpretation
5In this Schedule— (a) “Contracting Member State” has the same...
SCHEDULE A4THE UNIFIED PATENT COURT
Jurisdiction
1The Unified Patent Court has exclusive jurisdiction in respect of...
Transitional provisions
2(1) The transitional provisions in Article 83 apply in relation...
Modifications of law applicable where UPC has jurisdiction
3(1) In the case of an Article 32(1) action relating...
Enforcement
4(1) For the purposes of enforcement of a decision or...
Interpretation
5In this Schedule— (a) “Article 32(1) action” means an action...
SCHEDULE 1 Application of 1949 Act to existing patents and applications
1(1) The provisions of the 1949 Act referred to in...
2(1) In section 6 of the 1949 Act, at the...
3(1) This paragraph and paragraph 4 below shall have effect...
4(1) The term of every new existing patent under section...
4A(1) If the proprietor of a patent for an invention...
4B(1) An application under section 46(3)(a) or (b) above for...
5In section 26(3) of the 1949 Act (no patent of...
6Notwithstanding anything in section 32(1)(j) of the 1949 Act (ground...
7(1) In section 33 of the 1949 Act (revocation of...
8In section 101(1) of the 1949 Act (interpretation) there shall...
SCHEDULE 2 Application of this Act to Existing Patents and Applications
1(1) Without prejudice to those provisions of Schedule 4 below...
2In those provisions as they apply by virtue of this...
SCHEDULE 3 REPEALS OF PROVISIONS OF 1949 ACT
1Subject to the provisions of Schedule 4 below, the provisions...
2The provisions are:— (a) section 14 (opposition to grant of...
SCHEDULE 4 Transitional Provisions
General
1In so far as any instrument made or other thing...
Use of patented invention for services of the Crown
2(1) Any question whether— (a) an act done before the...
Infringement
3(1) Any question whether an act done before the appointed...
Notice of opposition
4(1) Where notice of opposition to the grant of a...
Secrecy
5(1) Where directions given under section 18 of the 1949...
Revocation
6(1) Where before the appointed day an application has been...
7(1) This paragraph applies where an application has been made...
Licences of right and compulsory licences
8(1) Sections 35 to 41 and 43 to 45 of...
Convention countries
9(1) Without prejudice to paragraph 1 above, an Order in...
Appeals from court on certain petitions for revocation
10Where the court has given judgment on a petition under...
Appeals from comptroller under continuing provisions of 1949 Act
11(1) In this paragraph “the continuing 1949 Act provisions” means...
Appeals from comptroller under repealed provisions of 1949 Act
12(1) This paragraph applies where an appeal to the Appeal...
Appeals from Appeal Tribunal to Court of Appeal
13Section 87(1) of the 1949 Act shall continue to apply...
Rules
14The power to make rules under section 123 of this...
Supplementary
15Section 97(2) of this Act applies to—
16In this Schedule “the old law” means the 1949 Act,...
17For the purposes of this Schedule— (a) issue is joined...
18(1) Nothing in the repeals made by this Act in...
SCHEDULE 4ASUPPLEMENTARY PROTECTION CERTIFICATES
1References to patents etc
2(1) In the case of the provisions of this Act...
3References to this Act etc
4Other references
5Fees
6Interpretation
7In this Act— (a) “the Medicinal Products Regulation” means Regulation...
8Transitional provision
SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
1, 2 CONSEQUENTIAL AMENDMENTS
3In sections 42 and 44(1) of the Registered Designs Act...
Defence Contracts Act 1958 (c. 38)
4In subsection (4) of section 4 of the Defence Contracts...
Administration of Justice Act 1970 (c. 31)
5(1) In subsections (2) and (3) of section 10 of...
Atomic Energy Authority (Weapons Group) Act 1973 (c. 4)
6In section 5(2) of the Atomic Energy Authority (Weapons Group)...
7, 8 CONSEQUENTIAL AMENDMENTS
SCHEDULE 6 ENACTMENTS REPEALED

Patents Act 1977

1977 c. 37

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

Annotations:
Extent Information
E1

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

Modifications etc. (not altering text)
C1

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

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

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

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