Copyright, Designs and Patents Act 1988

Determination of right to patent after grantE+W+S+N.I.

9(1)Section 37 of the Patents Act 1977 (determination of right to patent after grant) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)After a patent has been granted for an invention any person having or claiming a proprietary interest in or under the patent may refer to the comptroller the question—

(a)who is or are the true proprietor or proprietors of the patent,

(b)whether the patent should have been granted to the person or persons to whom it was granted, or

(c)whether any right in or under the patent should be transferred or granted to any other person or persons;

and the comptroller shall determine the question and make such order as he thinks fit to give effect to the determination..

(3)Substitute “this section”—

(a)in subsections (4) and (7) for “subsection (1)(a) above”, and

(b)in subsection (8) for “subsection (1) above”.

10In section 74(6) (meaning of “entitlement proceedings”), for “section 37(1)(a) above” substitute “section 37(1) above”.E+W+S+N.I.