Patents Act 1977
What this means for your business
- Enforced by
- IPO
- Applies to
- United Kingdom
- On this page
- 14 compliance obligations, 4 practical guides across 2 topics
What you must do
14 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 1
Request reinstatement of a refused patent application and meet the new deadline
If your patent application is refused because you missed a deadline or other requirement, you can ask the Comptroller to reinstate it, but only if you act promptly, follow the rules for the request and show the mistake was unintentional. Once reinstated you must correct the original failure within the new period set by the Comptroller (at least two months) or the application will be treated as withdrawn.
Payments and fees 3
Pay fee for court‑ordered patent office report
If the Patents Court asks the Patent Office to carry out an investigation or produce a report on a patent‑related question, the party that triggered or is bound by the order must pay a fee. The fee is set by the court’s rules and becomes part of the costs of the case, not a separate tax or fine.
Pay royalty and supply information when using patented plant material
If you grow any of the listed crop varieties and use seed or harvested material that is covered by a patent, you must pay an equitable royalty to the patent holder and, when they ask, give them details about your use. Small‑farm exemption applies if you qualify as a “small farmer”.
Request and pay for patent search with proper description and claims
If you file a patent application that has passed the preliminary examination, you must ask the Patent Office to carry out a search, pay the required search fee, and ensure your application includes a clear description and at least one claim that meet the language rules. The request and payment must be made before the deadline set by the Patent Office, otherwise the application may be refused.
Offences and prohibitions 6
Fail to obey a direction to withhold patent information
2 years imprisonmentIf the Patent Office directs you not to publish or share certain details in a patent application because they could harm national security or public safety, you must obey. Ignoring that direction is a criminal offence. On conviction you face up to a £1,000 fine in the magistrates' court, or up to two years imprisonment and an unlimited fine in the Crown Court.
Falsely claim a product is patented
Fine up to £1,000If you sell or otherwise dispose of an item for value and say it is a patented product when it is not, you commit an offence. On conviction in a Magistrates' Court you can be fined up to £1,000. No prison term is provided for this offence.
Falsify patent register entries
2 years imprisonmentIf you make, cause or submit a false entry in any patent register, or create a document that pretends to be a true copy of such an entry, knowing it is false, you commit a criminal offence. On summary conviction (Magistrates' Court) you face a fine up to £1,000. On conviction on indictment (Crown Court) you could be sent to prison for up to two years, face an unlimited fine, or both.
File prohibited overseas patent application
2 years imprisonmentIf you or your company, as a UK resident, file a patent application abroad for an invention that contains military, national‑security or public‑safety information without first filing a UK application at least six weeks earlier and without written authority from the Comptroller, you commit an offence. On conviction you face a fine up to £1,000 on summary conviction, or up to two years' imprisonment, an unlimited fine, or both on indictment.
Make false claim that a patent has been applied for
Fine up to £1,000If you sell a product and say it is "patent applied for" or "patent pending" when no patent application has been made, or when the application has been refused or withdrawn, you commit an offence. On conviction in the Magistrates' Court you can be fined up to £1,000. The offence applies to anyone who makes the representation for value.
Use unauthorised “Patent Office” title
Fine up to £2,500If you display the words “Patent Office” (or any wording that suggests your business is officially linked to the Patent Office) on your premises, on documents you issue, or in any other way, you are committing an offence. A conviction in the Magistrates' Court can lead to a fine of up to £2,500. No imprisonment is provided for this offence.
Registration and licensing 4
Apply for licence‑of‑right entry in the patent register
If you own a granted patent, you can ask the patent office to record that anyone can obtain a licence to use your invention on standard terms. You must submit an application to the Comptroller and confirm that no contract stops you from granting those licences.
Identify and record the inventor(s) when filing a patent application
When you apply for a patent, you must tell the UK Patent Office who the true inventor(s) are and, if you’re not the only inventor, explain why you have the right to apply for the patent. If you don’t provide this information on time, your application will be treated as withdrawn.
Include a Section 5(2) declaration in later patent applications
When you file a new patent application that builds on an earlier one, you must add a declaration (as required by s5 (2)) naming that earlier application. Doing so protects the later application and any resulting patent from being invalidated just because you performed certain acts (like publishing or working the invention) in the meantime.
Register patents and related transactions with the Patent Office
If your business owns a patent, files a patent application, or carries out any transaction that changes your patent rights (such as an assignment or licence), you must ensure that it is entered on the official register of patents. The register is kept by the Comptroller and can be inspected by anyone, so you may also need to obtain certified copies as proof of your rights.
Penalties for non-compliance
6 penalties under this legislation. 3 can result in imprisonment. 2 carry an unlimited fine.
Fail to obey a direction to withhold patent information
Unlimited fine and/or 2 years imprisonment
Falsify patent register entries
Unlimited fine and/or 2 years imprisonment
File prohibited overseas patent application
Fine up to £1,000 and/or 2 years imprisonment
Use unauthorised “Patent Office” title
Fine up to £2,500
Falsely claim a product is patented
Fine up to £1,000
Make false claim that a patent has been applied for
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Tech Sector Licensing and Authorisations
Comprehensive guide to licences and regulatory authorisations required for technology businesses - telecommunications, financial services, intellectual property, export controls, and …
Protecting Your Software Intellectual Property
Complete IP protection guide for software businesses - automatic copyright for source code, patent eligibility under the technical contribution test, …
Protect your intellectual property
How to identify, protect, and enforce your intellectual property rights. Includes guidance on trademarks, patents, copyright, and design rights.
Identify your intellectual property
Discover what intellectual property your business owns, from brand names and creative content to inventions and designs. Understanding your IP …
Sections and provisions
177 classified provisions from this legislation.
Duties 14
- s.6 Disclosure of matter, etc. , between earlier and later applications.
- s.13 Mention of inventor.
- s.17 Search.
- s.20A Reinstatement of applications The comptroller
- s.29 Surrender of patents.
- s.32 Register of patents etc. which
- s.46 Patentee’s application for entry in register that licences are available as of right. injunction or interdict
- s.48 Compulsory licences: general. person may apply
- s.57A Compensation for loss of profit.
- s.96 The Patents Court. such adviser
- s.99A Power of Patents Court to order report.
- s.101 Exercise of comptroller’s discretionary powers. party
- s.121 Comptroller’s annual report. financial year the comptroller
- DEROGATION FROM PATENT PROTECTION IN RESPECT OF BI DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS information given in response
Offences and penalties 7
- s.22 Information prejudicial to national security or safety of public.
- s.23 Restrictions on applications abroad by United Kingdom residents.
- s.109 Falsification of register etc.
- s.110 Unauthorised claim of patent rights.
- s.111 Unauthorised claim that patent has been applied for.
- s.112 Misuse of title “Patent Office”.
- s.113 Offences by corporations.
Powers 30
- s.1 Patentable inventions.
- Schedule 3 REPEALS OF PROVISIONS OF 1949 ACT
- s.8 Determination before grant of questions about entitlement to patents, etc.
- s.10 Handling of application by joint applicants.
- s.19 General power to amend application before grant.
- s.27 General power to amend specification after grant.
- s.33 Effect of registration, etc., on rights in patents.
- s.37 Determination of right to patent after grant.
- s.48B Compulsory licences: other cases.
- s.49 Provisions about licences under s. 48.
- s.50A Powers exercisable following merger and market investigations
- s.51 Powers exercisable in consequence of report of Competition and Markets Authority.
- s.54 Special provisions where patented invention is being worked abroad.
- s.65 Certificate of contested validity of patent.
- s.67 Proceedings for infringement by exclusive licensee.
- s.71 Declaration or declarator as to non-infringement
- s.74B Reviews of opinions under section 74A
- s.74A Opinions on matters prescribed in the rules
- s.75 Amendment of patent in infringement or revocation proceedings.
- s.90 Orders in Council as to convention countries.
- ... and 10 more powers
Definitions 29
- s.2 Novelty.
- s.3 Inventive step.
- s.4 Industrial application.
- s.5 Priority date. relevant application
- s.7 Right to apply for and obtain a patent.
- s.12 Determination of questions about entitlement to foreign and convention patents, etc.
- s.14 Making of application.
- s.25 Term of patent.
- s.30 Nature of, and transactions in, patents and applications for patents.
- s.36 Co-ownership of patents and applications for patents.
- s.39 Right to employees’ inventions.
- s.41 Amount of compensation. Research Council
- s.48A Compulsory licences: WTO proprietors.
- s.55 Use of patented inventions for services of the Crown.
- s.56 Interpretation, etc., of provisions about Crown use.
- s.59 Special provisions as to Crown use during emergency. period of emergency
- s.70B Permitted communications
- s.74 Proceedings in which validity of patent may be put in issue.
- s.81 Conversion of European patent applications.
- s.122 Crown’s right to sell forfeited articles.
- ... and 9 more definitions
Exemptions 22
- Schedule 1 Application of 1949 Act to existing patents and applications
- s.4A Methods of treatment or diagnosis
- s.15 Date of filing application.
- s.15A Preliminary examination
- s.24 Publication and certificate of grant.
- s.26 Patent not to be impugned for lack of unity.
- s.40 Compensation of employees for certain inventions.
- s.42 Enforceability of contracts relating to employees’ inventions.
- s.43 Supplementary.
- s.60 Meaning of infringement.
- s.62 Restrictions on recovery of damages for infringement.
- s.64 Right to continue use begun before priority date.
- s.69 Infringement of rights conferred by publication of application.
- s.70D Professional advisers
- s.77 Effect of European patent (UK).
- s.89B Adaptation of provisions in relation to international application.
- s.94 Communication of information to the European Patent Office, etc.
- s.100 Burden of proof in certain cases.
- s.116 Immunity of department as regards official acts.
- s.117B Extension of time limits specified by comptroller
- ... and 2 more exemptions