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Patentability
- Patentability
- 1 Patentable inventions
- 2 Novelty
- 3 Inventive step
- 4 Industrial application
- 4A. Methods of treatment or diagnosis
- 5 Priority date
- 6 Disclosure of matter, etc, between earlier and later applications
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Right to apply for and obtain a patent and be mentioned as inventor
- Right to apply for and obtain a patent and be mentioned as inventor
- 7. Right to apply for and obtain a patent
- 8. Determination before grant of questions about entitlement to patents, etc.
- 9. Determination after grant of questions referred to before grant
- 10. Handling of application by joint applicants
- 11. Effect of transfer of application under section 8 or 10
- 12. Determination of questions about entitlement to foreign and convention patents, etc.
- 13. Mention of inventor
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Applications
- Applications
- 14 Making of application
- 15 Date of filing application
- 15A Preliminary examination
- 16 Publication of application
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Examination and search
- Examination and search
- 17 Preliminary examination and search
- 18 Substantive examination and grant or refusal of patent
- 19 General power to amend application before grant
- 20 Failure of application
- 20A Reinstatement of applications
- 20B Effect of reinstatement under section 20A
- 21 Observations by third party on patentability
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Security and safety
- Security and safety
- 22. Information prejudicial to national security or safety of public
- 23. Restrictions on applications abroad by United Kingdom residents
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Provisions as to patents after grant
- Provisions as to patents after grant
- 24. Publication and certificate of grant
- 25. Term of patent
- 26. Patent not to be impugned for lack of unity
- 27. General power to amend specification after grant
- 28. Restoration of lapsed patents
- 28A. Effect of order for restoration of patent
- 29. Surrender of patents
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Property in patents and applications, and registration
- Property in patents and applications, and registration
- 30. Nature of, and transactions in, patents and applications for patents
- 31. Nature of, and transactions in, patents and applications for patents in Scotland
- 32. Register of patents, etc.
- 33. Effect of registration, etc., on rights in patents
- 34. Rectification of register
- 35. Evidence of register, documents, etc. [repealed]
- 36. Co-ownership of patents and applications for patents
- 37. Determination of right to patent after grant38. Effect of transfer of patent under section 37
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Employees’ inventions
- Employees’ inventions
- 39. Right to employees’ inventions
- 40. Compensation of employees for certain inventions
- 41. Amount of compensation
- 42. Enforceability of contracts relating to employees’ inventions
- 43. Supplementary
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Licences of right and compulsory licences
- Licences of right and compulsory licences
- 46. Patentee’s application for entry in register that licences are available as of right47. Cancellation of entry made under s.46
- 48. Compulsory licences: general
- 48A. Compulsory licences: WTO proprietors
- 48B. Compulsory licences: other cases
- 49. Provisions about licences under section 48
- 50. Exercise of powers on application under section 48
- 50A. Powers exercisable following merger and market investigations
- 51. Powers exercisable in consequence of report of Competition Commission
- 52. Opposition, appeal and arbitration
- 53. Compulsory licences: supplementary provisions
- 54. Special provisions where patented invention is being worked abroad
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Use of patented inventions for services of the Crown
- Use of patented inventions for services of the Crown
- 55. Use of patented inventions for services of the Crown
- 56. Interpretation, etc., of provisions about Crown use
- 57. Rights of third parties in respect of Crown use
- 57A. Compensation for loss of profit
- 58. References of disputes as to Crown use
- 59. Special provisions as to Crown use during emergency
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Infringement
- Infringement
- 60. Meaning of infringement
- 61. Proceedings for infringement of patent
- 62. Restrictions on recovery of damages for infringement
- 63. Relief for infringement of partially valid patent
- 64. Right to continue use begun before priority date
- 65. Certificate of contested validity
- 66. Proceedings for infringement by a co-owner
- 67. Proceedings for infringement by exclusive licensee
- 68. Effect on non-registration on infringement proceedings
- 69. Infringement of rights conferred by publication of application
- 70. Remedy for groundless threats of infringement proceedings
- 71. Declaration or declarator as to non-infringement
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Revocation of patents
- Revocation of patents
- 72. Power to revoke patents on application
- 73. Comptroller’s power to revoke patents on his own initiative
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Putting validity in issue
- Putting validity in issue
- 74. Proceedings in which validity of patent may be put in issue
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Opinions by Patent Office
- Opinions by Patent Office
- 74A. Opinions as to validity or infringement
- 74B. Reviews of opinions under section 74A
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General provisions as to amendment of patents and applications
- General provisions as to amendment of patents and applications
- 75. Amendment of patent in infringement or revocation proceedings
- 76. Amendment of applications and patents not to include added matter
- 76A. Biotechnological inventions
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European patents and patent applications
- European patents and patent applications
- 77. Effect of European patent (UK)
- 78. Effect of filing an application for a European patent (UK)
- 79. Operation of section 78 in relation to certain European patent applications
- 80. Authentic text of European patents and patent applications
- 81. Conversion of European patent applications
- 82. Jurisdiction to determine questions as to right to a patent
- 83. Effect of patent decisions of competent authorities of other states
- 84. Patent agents and other representatives [repealed]
- 85. European patent attorneys [repealed]
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International applications for patents
- International applications for patents
- 89. Effects of international application for patent
- 89A. International and national phases of application
- 89B. Adaptation of provisions in relation to international application
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Convention countries
- Convention countrie
- 90. Orders in Council as to convention countries
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Miscellaneous
- Miscellaneous
- 91. Evidence of conventions and instruments under conventions
- 92. Obtaining evidence for proceedings under the European Patent Convention
- 93. Enforcement of orders for costs
- 94. Communication of information to the European Patent Office, etc.
- 95. Financial provisions
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Legal Proceedings
- Legal Proceedings
- 96. The Patents Court [repealed]
- 97. Appeals from the comptroller
- 98. Proceedings in Scotland
- 99. General powers of the court
- 99A. Power of Patents Court to order report
- 99B. Power of Court of Session to order report
- 100. Burden of proof in certain cases
- 101. Exercise of comptroller’s discretionary powers
- 102. Right of audience, etc., in proceedings before the comptroller
- 102A. Right of audience, etc., in proceedings on appeal from the comptroller [repealed]
- 103. Extension of privilege for communications with solicitors relating to patent proceedings
- 104. Privilege for communication with patent agents relating to patent proceedings [repealed]
- 105. Extension of privilege in Scotland for communications relating to patent proceedings
- 106. Costs and expenses in proceedings before the Court
- 107. Costs and expenses in proceedings before the comptroller
- 108. Licences granted by order of comptroller
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Offences
- Offences
- 109. Falsification of register etc.
- 110. Unauthorised claim of patent rights
- 111. Unauthorised claim that patent has been applied for
- 112. Misuse of title “Patent Office”
- 113. Offences by corporations
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Administrative provisions
- Administrative provisions
- 117. Correction of errors in patents and applications
- 117A. Effect of resuscitation of a withdrawn application under section 117
- 117B. Extension of time limits specified by comptroller
- 118. Information about patent applications and patents, and inspection of documents
- 119. Service by post
- 120. Hours of business and excluded days
- 121. Comptroller’s annual report
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Supplemental
- Supplemental
- 122. Crown’s right to sell forfeited articles
- 123. Rules
- 124. Rules, regulations and orders; supplementary
- 124A. Use of electronic communications
- 125. Extent of invention
- 125A. Disclosure of invention by specification: availability of samples of biological material
- 126. Stamp duty [repealed]
- 127. Existing patents and applications
- 128. Priorities between patents and applications under the 1949 Act and this Act
- 128A. EU compulsory licences
- 128B. Supplementary protection certificates
- 129. Application of Act to Crown
- 130. Interpretation
- 131. Northern Ireland
- 131A. Scotland
- 132. Short title, extent, commencement, consequential amendments and repeals
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