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Patents Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Patents Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Background

    1. The European Patent Convention

    2. Domestic issues – the enforcement of patent rights and updating of the 1977 Act

    3. The Patent Co-operation Treaty

    4. The Patent Law Treaty and the Regulatory Reform (Patents) Order 2004

    5. Consultation on matters in the Act

  4. Overview of the Act

  5. Territorial Application

  6. Commentary on Sections

    1. Section 1 – Methods of treatment or diagnosis

    2. Section 2 – Amendment of patents after grant

    3. Section 3 – Relief for partially valid patent

    4. Section 4 – Revocation

    5. Section 5 – Further amendments relating to international obligations

    6. Schedule 1paragraphs 2, 3 and 4

    7. Schedule 1paragraph 5

    8. Schedule 1paragraph 6; Schedule 2paragraphs 12, 13, 20-22, 25(c), 25(d) and 27

    9. Schedule 1paragraph 7 and paragraph 9, sub-paragraphs (2)(a) and (3)

    10. Schedule 1paragraph 8

    11. Schedule 1paragraph 9, sub-paragraph (2)(b)

    12. Schedule 1paragraph 9, sub-paragraph (4)

    13. Section 6 – Remedies in entitlement proceedings

    14. Section 7 – Restrictions on applications abroad by United Kingdom residents

    15. Section 8 – Term of patent and periods allowed for payment of renewal fees

    16. Section 9 – Co-ownership

    17. Section 10 – Compensation of employees for certain inventions

    18. Section 11 – Enforcement of damages

    19. Section 12 – Threats of infringement proceedings

    20. Section 13 – Opinions by Patent Office as to validity or infringement

    21. Section 14 – Costs and expenses in infringement proceedings etc

    22. Section 15 – Security for costs

    23. Section 16 – Amendments, repeals and revocations

    24. Schedule 2paragraph 6

    25. Schedule 2paragraphs 7 and 23

    26. Schedule 2paragraph 8

    27. Schedule 2paragraph 9

    28. Schedule 2paragraph 11

    29. Schedule 2paragraphs 14, 16, 17 and 28

    30. Schedule 2paragraph 15

    31. Schedule 2paragraph 18

    32. Schedule 2paragraph 19

    33. Schedule 2paragraph 24 and paragraph 26, sub-paragraph (3)

    34. Schedule 2paragraphs 25(a) and 25(b)

    35. Schedule 2paragraph 26, sub-paragraph (2)

    36. Schedule 2paragraph 26, sub-paragraph (4)

    37. Section 17 – Commencement etc

    38. Section 18 – Short title and extent

  7. Commencement

  8. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

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.

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