SCHEDULES
SCHEDULE 5 Patents: miscellaneous amendments
Determination of right to patent after grant
9
1
Section 37 of the Patents Act 1977 (determination of right to patent after grant) is amended as follows.
2
For subsection (1) substitute—
1
After a patent has been granted for an invention any person having or claiming a proprietary interest in or under the patent may refer to the comptroller the question—
a
who is or are the true proprietor or proprietors of the patent,
b
whether the patent should have been granted to the person or persons to whom it was granted, or
c
whether any right in or under the patent should be transferred or granted to any other person or persons;
and the comptroller shall determine the question and make such order as he thinks fit to give effect to the determination.
3
Substitute “this section”—
a
in subsections (4) and (7) for “subsection (1)(a) above”, and
b
in subsection (8) for “subsection (1) above”.