Patents Act 1977

[F1 Provisions applied by this Schedule to the European patent with unitary effect U.K.

Textual Amendments

F1 Schs. A3, A4 inserted (coming into force in accordance with art. 1(2)) by The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016 (S.I. 2016/388), arts. 1(2), 2(10) (with art. 3)

2. U.K. The following provisions of this Act apply in relation to a European patent with unitary effect, subject to paragraphs 3 and 4—

section 48 (compulsory licences: general);

section 48A (compulsory licences: WTO proprietors);

section 48B (compulsory licences: other cases);

section 49 (provisions about licences under section 48);

section 50 (exercise of powers on applications under section 48);

section 50A (powers exercisable following merger and market investigations);

section 51 (powers exercisable in consequence of report of Competition and Markets Authority);

section 52 (opposition, appeal and arbitration);

section 53 (compulsory licences; supplementary provisions);

section 54 (special provisions where patented invention is being worked abroad);

section 55 (use of patented inventions for services of the Crown);

section 56 (interpretation, etc., of provisions about Crown use);

section 57 (rights of third parties in respect of Crown use);

section 57A (compensation for loss of profit);

section 58(1) to (6) and (9A) to (13) (references of disputes as to Crown use);

section 59 (special provisions as to Crown use during emergency);

section 60 (meaning of infringement);

section 64 (right to continue use begun before priority date);

[F2 sections 70 to 70F (unjustified threats);]

section 73(2) to (4) (Comptroller’s power to revoke patents on his own initiative);

section 74A (opinions on matters prescribed in the rules);

section 74B (reviews of opinions under section 74A);

section 76A (biotechnological inventions);

section 77(4) to (5A) (effect of European patent (UK));

section 80(1) (authentic text of European patents and patent applications);

sections 97 to 100 (legal proceedings) so far as they relate to proceedings which do not fall within the exclusive jurisdiction of the Unified Patent Court as set out in paragraph 1 of Schedule A4;

section 101 (exercise of comptroller’s discretionary powers);

section 102 (right of audience, &c in proceedings before comptroller);

sections 103 (extension of privilege for communications with solicitors relating to patent proceedings) and 105 (extension of privilege in Scotland for communications relating to patent proceedings) so far as they relate to proceedings before the comptroller;

section 107 (costs and expenses in proceedings before the comptroller);

section 108 (licences granted by order of comptroller);

section 110 (unauthorised claim of patent rights);

section 116 (immunity of department as regards official acts);

section 118 (information about patent applications and patents, and inspection of documents);

section 123 (rules);

section 124 (rules, regulations and orders; supplementary);

section 125 (extent of invention);

section 128A (EU compulsory licences);

section 128B (supplementary protection certificates).]

Textual Amendments

F2 Words in Sch. A3 para. 2 inserted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 1(8), 8; S.I. 2017/771, reg. 2(2) (with reg. 3)