http://www.legislation.gov.uk/ukpga/1977/37/section/71Patents 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 Database2026-08-24Expert 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 I711Without prejudice to the court’s jurisdiction to make a declaration or declarator apart from this section, a declaration or declarator that an act does not, or a proposed act would not, constitute an infringement of a patent may be made by the court or the comptroller in proceedings between the person doing or proposing to do the act and the proprietor of the patent, notwithstanding that no assertion to the contrary has been made by the proprietor, if it is shown—athat that person has applied in writing to the proprietor for a written acknowledgment to the effect of the declaration or declarator claimed, and has furnished him with full particulars in writing of the act in question; andbthat the proprietor has refused or failed to give any such acknowledgment.2Subject to section 72(5) below, a declaration made by the comptroller under this section shall have the same effect as a declaration or declarator by the court.S. 71 crossheading inserted (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 1(4), 8; S.I. 2017/771, reg. 2(1)(a) (with reg. 3)