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Patents Act 1977
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Patents Act 1977, Section 43 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 56(4)(a)(iiia) and word added by S.I. 2006/1056 Sch. para. 2(b) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
- s. 63(3)(a) words in s. 63(3) renumbered as s. 63(3)(a) by 2004 c. 16 s. 2(4) (Amendment not applied to legislation.gov.uk. S. 2(4) was repealed (29.4.2006) by S.I. 2006/1028, art. 2(4), Sch. 4)
- s. 63(3)(b) and word inserted by 2004 c. 16 s. 2(4) (Amendment not applied to legislation.gov.uk. S. 2(4) was repealed (29.4.2006) by S.I. 2006/1028, art. 2(4), Sch. 4)
43 Supplementary.U.K.
(1)Sections 39 to 42 above shall not apply to an invention made before the appointed day.
(2)Sections 39 to 42 above shall not apply to an invention made by an employee unless at the time he made the invention one of the following conditions was satisfied in his case, that is to say—
(a)he was mainly employed in the United Kingdom; or
(b)he was not mainly employed anywhere or his place of employment could not be determined, but his employer had a place of business in the United Kingdom to which the employee was attached, whether or not he was also attached elsewhere.
(3)In sections 39 to 42 above and this section, except so far as the context otherwise requires, references to the making of an invention by an employee are references to his making it alone or jointly with any other person, but do not include references to his merely contributing advice or other assistance in the making of an invention by another employee.
(4)Any references [F1in sections 39 to 42] above to a patent and to a patent being granted are respectively references to a patent or other protection and to its being granted whether under the law of the United Kingdom or the law in force in any other country or under any treaty or international convention.
(5)For the purposes of sections 40 and 41 above the benefit derived or expected to be derived by an employer from [F2an invention or patent] shall, where he dies before any award is made under section 40 above in respect of [F3it] , include any benefit derived or expected to be derived from [F3it] by his personal representatives or by any person in whom it was vested by their assent.
[F4(5A)For the purposes of sections 40 and 41 above the benefit derived or expected to be derived by an employer from an invention shall not include any benefit derived or expected to be derived from the invention after the patent for it has expired or has been surrendered or revoked.]
(6)Where an employee dies before an award is made under section 40 above in respect of a patented invention made by him, his personal representatives or their successors in title may exercise his right to make or proceed with an application for compensation under subsection (1) or (2) of that section.
(7)In sections 40 and 41 above and this section “benefit” means benefit in money or money’s worth.
(8)Section 533 of the M1Income and Corporation Taxes Act 1970 (definition of connected persons) shall apply for determining for the purposes of section 41(2) above whether one person is connected with another as it applies for determining that question for the purposes of the Tax Acts.
Textual Amendments
F1Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 295, Sch. 5 para. 11(2)
F2Words in s. 43(5) substituted (1.1.2005) by Patents Act 2004 (c. 16), ss. 10(6)(a), 17(1) (with s. 10(8)); S.I. 2004/3205, art. 2(d) (with art. 9)
F3Word in s. 43(5) substituted (1.1.2005) by Patents Act 2004 (c. 16), ss. 10(6)(b), 17(1) (with s. 10(8)); S.I. 2004/3205, art. 2(d) (with art. 9)
F4S. 43(5A) inserted (1.1.2005) by Patents Act 2004 (c. 16), ss. 10(7), 17(1) (with s. 10(8)); S.I. 2004/3205, art. 2(d) (with art. 9)
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