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Patents Act 1949

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Application, investigation, opposition, etc.

    1. 1.Persons entitled to make application

    2. 2.Application

    3. 3.Complete and provisional specifications

    4. 4.Contents of specification

    5. 5.Priority date of claims of complete specification

    6. 6.Examination of application

    7. 7.Search for anticipation by previous publication

    8. 8.Search for anticipation by prior claim

    9. 9.Reference in case of potential infringement

    10. 10.Refusal of application in certain cases

    11. 11.Supplementary provisions as to searches, etc.

    12. 12.Time for putting application in order for acceptance

    13. 13.Acceptance and publication of complete specification

    14. 14.Opposition to grant of patent

    15. 15.Refusal of patent without opposition

    16. 16.Mention of inventor as such in patent

    17. 17.Substitution of applicants, etc.

    18. 18.Provisions for secrecy of certain inventions

  3. Grant, effect and term of patent

    1. 19.Grant and sealing of patent

    2. 20.Amendment of patent granted to deceased applicant

    3. 21.Extent, effect and form of patent

    4. 22.Date and term of patent

    5. 23.Extension on ground of inadequate remuneration

    6. 24.Extension on ground of war loss

    7. 25.Extension on ground of war loss of licensee

    8. 26.Patents of addition

  4. Restoration of lapsed patents and patent applications

    1. 27.Restoration of lapsed patents

    2. 28.Restoration of lapsed applications for patents

  5. Amendment of specifications

    1. 29.Amendment of specification with leave of comptroller

    2. 30.Amendment of specification with leave of the court

    3. 31.Supplementary provisions as to amendment of specification

  6. Revocation and surrender of patents

    1. 32.Revocation of patent by court

    2. 33.Revocation of patent by comptroller

    3. 34.Surrender of patent

  7. Voluntary endorsement of patent

    1. 35.Endorsement of patent " licences of right "

    2. 36.Cancellation of endorsement under section 35

  8. Compulsory licences, etc.

    1. 37.Compulsory endorsement

    2. 38.Provisions as to licences under section 37

    3. 39.Exercise of powers on applications under section 37

    4. 40.Endorsement, etc. on application of Crown

    5. 41.Inventions relating to food or medicine, etc.

    6. 42.Revocation of patent

    7. 43.Procedure on application under sections 37 to 42

    8. 44.Appeal and references to arbitrator

    9. 45.Supplementary provisions

  9. Use of patented inventions for services of the Crown

    1. 46.Use of patented inventions for services of the Crown

    2. 47.Rights of third parties in respect of Crown use

    3. 48.Reference of disputes as to Crown use

    4. 49.Special provisions as to Crown use during emergency

  10. Anticipation, etc.

    1. 50.Previous publication

    2. 51.Previous communication, display or working

    3. 52.Use and publication after provisional specification or foreign application

    4. 53.Priority date in case of obtaining

  11. Miscellaneous provisions as to rights in inventions

    1. 54.Co-ownership of patents

    2. 55.Power of comptroller to give directions to co-owners

    3. 56.Disputed as to inventions made by employees

    4. 57.Avoidance of certain restrictive conditions

    5. 58.Determination of certain contracts

  12. Proceedings for infringement, etc.

    1. 59.Restrictions on recovery of damages for infringement

    2. 60.Order for account in action for infringement

    3. 61.Counterclaim for revocation in action for infringement

    4. 62.Relief for infringement of partially valid specification

    5. 63.Proceedings for infringement by exclusive licensee

    6. 64.Certificate of contested validity of specification

    7. 65.Remedy for groundless threats of infringement proceedings

    8. 66.Power of court to make declaration as to non-infringement

    9. 67.Reference to comptroller of disputes as to infringement

  13. International Agreements, etc.

    1. 68.Orders in Council as to convention countries

    2. 69.Supplementary provisions as to convention applications

    3. 70.Special provisions as to vessels, aircraft and land vehicles

    4. 71.Extension of time for certain convention applications

    5. 72.Protection of inventions communicated under international agreements

  14. Register of patents, etc.

    1. 73.Register of patents

    2. 74.Registration of assignments, etc.

    3. 75.Rectification of register

    4. 76.Power to correct clerical errors, etc.

    5. 77.Evidence of entries, documents, etc.

    6. 78.Requests for information as to patent or patent application

    7. 79.Restriction upon publication of specifications, etc.

    8. 80.Loss or destruction of patent

  15. Proceedings before Comptroller

    1. 81.Exercise of discretionary powers of comptroller

    2. 82.Costs and security for costs

    3. 83.Evidence before comptroller

  16. The Court and the Appeal Tribunal

    1. 84.The Court

    2. 85.The Appeal Tribunal

    3. 86.Appeals from decisions of the comptroller in Scottish cases

    4. 87.Appeals to Court of Appeal and Court of Session

  17. Patent Agents

    1. 88.Restrictions on practice as patent agent

    2. 89.Power of comptroller to refuse to deal with certain agents

  18. Offences

    1. 90.Falsification of register, etc.

    2. 91.Unauthorised claim of patent rights

    3. 92.Unauthorised assumption of Royal Arms

    4. 93.Offences by companies

  19. Rules, etc.

    1. 94.General power of Board of Trade to make rules, etc.

    2. 95.Provisions as to rules and Orders

    3. 96.Proceedings of Board of Trade

  20. Supplemental

    1. 97.Service of notices, etc., by post

    2. 98.Hours of business and excluded days

    3. 99.Fees

    4. 100.Annual report of comptroller

    5. 101.Interpretation

    6. 102.Saving for Royal prerogative, etc.

    7. 103.Application to Scotland

    8. 104.Application to Northern Ireland

    9. 105.Isle of Man

    10. 106.Repeals, transitional provisions and amendment

    11. 107.Short title and commencement

  21. SCHEDULES

    1. FIRST SCHEDULE

      Maximum Fees

    2. SECOND SCHEDULE

      Enactments Repealed

    3. THIRD SCHEDULE

      1. Transitional Provisions

        1. 1.Subject to the provisions of this Schedule, any Order in...

        2. 2.Section five of this Act shall apply in relation to...

        3. 3.Notwithstanding anything in subsection (2) of section three of this...

        4. 4.Where a complete specification has been filed before the commencement...

        5. 5.The provisions of sections fourteen and thirty-three of this Act...

        6. 6.The power of the comptroller under section fifteen of this...

        7. 7.The provisions of section fifty-three of this Act shall apply...

        8. 8.Notwithstanding anything in this Act, a patent sealed before the...

        9. 9.Where, in relation to any invention, the time for giving...

        10. 10.In relation to a complete specification which was accepted before...

        11. 11.Where a specification filed before the commencement of this Act...

        12. 12.Where a specification which, before the commencement of this Act,...

        13. 13.Where two or more persons are registered as grantee or...

        14. 14.A condition of any contract in force immediately before the...

        15. 15.The provisions of section thirty of the Patents and Designs...

        16. 16.Notwithstanding the repeal of the Patents and Designs Act, 1907,...

        17. 17.Subsections (1) and (3) of section twenty-two of this Act...

        18. 18.Subsection (1) of section twenty-six of this Act shall apply...

        19. 19.Section twenty-seven of this Act shall nave effect, in relation...

        20. 20.Where the time allowed under section twelve of the Patents...

        21. 21.In relation to any proceedings pending at the commencement of...

        22. 22.Section sixty-three of this Act shall not apply in relation...

        23. 23.Any register kept under the Patents and Designs Act, 1907,...

        24. 24.Nothing in this Act shall affect the term of any...

        25. 25.Nothing in this Act shall affect the operation of section...

        26. 26.Any document referring to any enactment repealed by this Act...

        27. 27.Any reference in this Schedule to the Patents and Designs...

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