- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Intellectual Property Act 2014, Part 2 .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In section 62 of the Patents Act 1977 (restrictions on recovery of damages for infringement), in subsection (1), after “the number of the patent” insert “ or a relevant internet link ”.
(2)After that subsection insert—
“(1A)The reference in subsection (1) to a relevant internet link is a reference to an address of a posting on the internet—
(a)which is accessible to the public free of charge, and
(b)which clearly associates the product with the number of the patent.”
Commencement Information
I1S. 15 in force at 1.10.2014 by S.I. 2014/2330, art. 3, Sch. (with art. 5)
(1)In section 74A of the Patents Act 1977 (the title to which becomes “ Opinions on matters prescribed in the rules ”), in subsection (1), for the words from “an opinion” to the end substitute “ an opinion on a prescribed matter in relation to the patent ”.
(2)In section 74B of that Act (reviews of opinions under section 74A), omit subsection (2)(c) (power to make rules providing for review proceedings to be treated as other proceedings under the Act).
(3)In Schedule 4A to that Act (application of Act to supplementary protection certificates), in paragraph 1(2), at the appropriate place insert— “ sections 74A and 74B (opinions by the Patent Office); ”.
(4)In section 73 of that Act (comptroller's power to revoke patents), after subsection (1) insert—
“(1A)Where the comptroller issues an opinion under section 74A that section 1(1)(a) or (b) is not satisfied in relation to an invention for which there is a patent, the comptroller may revoke the patent.
(1B)The power under subsection (1A) may not be exercised before—
(a)the end of the period in which the proprietor of the patent may apply under the rules (by virtue of section 74B) for a review of the opinion, or
(b)if the proprietor applies for a review, the decision on the review is made (or, if there is an appeal against that decision, the appeal is determined).
(1C)The comptroller shall not exercise the power under subsection (1A) without giving the proprietor of the patent an opportunity to make any observations and to amend the specification of the patent without contravening section 76.”
Commencement Information
I2S. 16 in force at 1.10.2014 by S.I. 2014/2330, art. 3, Sch. (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 17 repealed (coming into force in accordance with reg. 1(3) of the amending S.I.) by The Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021 (S.I. 2021/355), reg. 1(2), Sch. para. 1
(1)In section 118 of the Patents Act 1977 (information on patent applications etc.), in subsection (3), after paragraph (a) (but before the following “or”) insert—
“(aa)sending any patent office outside the United Kingdom such information about unpublished applications for patents as that office requests;”.
(2)After that subsection insert—
“(3A)Information may not be sent to a patent office in reliance on subsection (3)(aa) otherwise than in accordance with the working arrangements that the comptroller has made for that purpose with that office.
(3B)Those arrangements must include provision for ensuring that the confidentiality of information of the kind referred to in subsection (3)(aa) sent by the comptroller to the patent office in question is protected.”
(3)After subsection (3B) insert—
“(3C)The reference in subsection (3)(aa) to a patent office is to an organisation which carries out, in relation to patents, functions of the kind carried out at the Patent Office.”
Commencement Information
I3S. 18 in force at 1.10.2014 by S.I. 2014/2330, art. 3, Sch. (with art. 7)
The Schedule (which makes minor amendments to the Patents Act 1977) has effect.
Commencement Information
I4S. 19 in force at 1.10.2014 by S.I. 2014/2330, art. 3, Sch.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: