Part 9Intellectual property: know-how and patents

Chapter 3Sales of patent rights

Miscellaneous

922Rights to acquire future patent rights

1

If a sum is paid to obtain a right to acquire future patent rights, then for the purposes of this Chapter—

a

the payer is treated as purchasing patent rights for that sum, and

b

the recipient is treated as selling patent rights for that sum.

2

If a person—

a

pays a sum to obtain a right to acquire future patent rights, and

b

subsequently acquires those rights,

the expenditure is to be treated for the purposes of this Chapter as having been expenditure on the purchase of those rights.

3

In this section “a right to acquire future patent rights” means a right to acquire in the future patent rights relating to an invention in respect of which the patent has not yet been granted.