http://www.legislation.gov.uk/ukpga/1977/37/section/1Patents Act 1977An 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.1979-04-30texttext/xmlenStatute Law Database2026-02-20Expert Participation2025-01-01 Patents Act 1977s. 63(3)(a)Patents Act 2004s. 2(4)s. 17(1)Patents Act 1977s. 63(3)(b) and wordPatents Act 2004s. 2(4)s. 17(1)Patents Act 1977s. 56(4)(a)(iiia) and wordThe Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006Sch. para. 2(b)art. 1(2)(b) Part I11A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say—athe invention is new;bit involves an inventive step;cit is capable of industrial application;dthe grant of a patent for it is not excluded by subsections (2) and (3) or section 4A below;and references in this Act to a patentable invention shall be construed accordingly.2It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of—aa discovery, scientific theory or mathematical method;ba literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;ca scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer;dthe presentation of information;but the foregoing provision shall prevent anything from being treated as an invention for the purposes of this Act only to the extent that a patent or application for a patent relates to that thing as such.3A patent shall not be granted for an invention the commercial exploitation of which would be contrary to public policy or morality.4For the purposes of subsection (3) above exploitation shall not be regarded as contrary to public policy or morality only because it is prohibited by any law in force in the United Kingdom or any part of it.5The Secretary of State may by order vary the provisions of subsection (2) above for the purpose of maintaining them in conformity with developments in science and technology; and no such order shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.S. 1(3)(4) substituted (28.7.2000) by S.I. 2000/2037, reg. 3Words in s. 1(1)(d) inserted (13.12.2007) by Patents Act 2004 (c. 16), s. 17(1), Sch. 2 para. 2; S.I. 2007/3396, art. 2(l)