Part 9

Intellectual property: know-how and patents
Chapter 3

Sales of patent rights

Miscellaneous

Rights to acquire future patent rights
922
1
If a sum is paid to obtain a right to acquire future patent rights, then for the purposes of this Chapter—
a
the payer is treated as purchasing patent rights for that sum, and
b
the recipient is treated as selling patent rights for that sum.
2
If a person—
a
pays a sum to obtain a right to acquire future patent rights, and
b
subsequently acquires those rights,
the expenditure is to be treated for the purposes of this Chapter as having been expenditure on the purchase of those rights.
3
In this section “a right to acquire future patent rights” means a right to acquire in the future patent rights relating to an invention in respect of which the patent has not yet been granted.