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UK Act of Parliament
1977
United Kingdom
Patents Act 1977
At a glance
Enforced by
What's here
23 compliance obligations, 4 practical guides across 2 topics · 4 journeys · 2 statutory instruments
Penalty landscape
3 of 23 obligations carry up to 2 years imprisonment. 4 carry different penalties and 16 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 11
- Applicant 3
- Employer 1
- Director or Officer 1
Plus 7 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesSupporting — topic alignment
3 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
Employers also bound by 694 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 236 duties
- Provision and Use of Work Equipment Regulations 1998 1998 120 duties
- TULRCA 1992 1992 72 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 52 duties
- Income Tax (Earnings and Pensions) Act 2003 2003 50 duties
Directors and Officers also bound by 425 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 161 duties
- Companies Act 2006 2006 108 duties
- Insolvency Act 1986 1986 72 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 55 duties
- The Housing Administration (England and Wales) Rules 2018 2018 26 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — New Domestic Law
Disclosure of matter, etc. , between earlier and later applications.
- Protect your patent priority date from intervening public disclosures Any Person
Mention of inventor.
- Identify inventors and explain rights to the patent Applicant
Search.
- Request a patent search and pay the required fee Applicant
Reinstatement of applications
- Request reinstatement of a failed patent application Applicant
Information prejudicial to national security or safety of public.
2 years imprisonment- Breach secrecy directions on sensitive patent information Any Person
Restrictions on applications abroad by United Kingdom residents.
2 years imprisonment- File a patent application abroad without UK permission Any Person
Surrender of patents.
- You may offer to surrender your patent voluntarily Any Person
Register of patents etc.
Other duties (1) — Crown / regulator
- IPO must maintain a public register of patents Statutory regulator
Patentee’s application for entry in register that licences are available as of right.
- Apply for 'licences of right' to reduce patent renewal fees Any Person
Compulsory licences: general.
Other duties (1) — Crown / regulator
- Comptroller may grant compulsory licences for unused patents Statutory regulator
Compensation for loss of profit.
Other duties (1) — Crown / regulator
- Government departments must compensate patent holders for lost profits Crown / Minister / Government department
Browse 83 other sections in this Part — procedural / definitional / commencement
Patentable inventions.
Novelty.
Inventive step.
Industrial application.
Methods of treatment or diagnosis
Priority date.
Right to apply for and obtain a patent.
Determination before grant of questions about entitlement to patents, etc.
Determination after grant of questions referred before grant.
Handling of application by joint applicants.
Effect of transfer of application under s. 8 or 10.
Determination of questions about entitlement to foreign and convention patents, etc.
Making of application.
Date of filing application.
Preliminary examination
Publication of application.
Substantive examination and grant or refusal of patent.
General power to amend application before grant.
Failure of application.
Effect of reinstatement under section 20A
Observations by third party on patentability.
Publication and certificate of grant.
Term of patent.
Patent not to be impugned for lack of unity.
General power to amend specification after grant.
Restoration of lapsed patents.
Effect of order for restoration of patent.
Nature of, and transactions in, patents and applications for patents.
Nature of, and transactions in, patents and applications for patents in Scotland.
Effect of registration, etc., on rights in patents.
Rectification of register.
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Co-ownership of patents and applications for patents.
Determination of right to patent after grant.
Effect of transfer of patent under s. 37.
Right to employees’ inventions.
Compensation of employees for certain inventions.
Amount of compensation.
Enforceability of contracts relating to employees’ inventions.
Supplementary.
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Determination of parts of certain contracts.
Cancellation of entry made under s. 46.
Compulsory licences: WTO proprietors.
Compulsory licences: other cases.
Provisions about licences under s. 48.
Exercise of powers on applications under s. 48.
Powers exercisable following merger and market investigations
Powers exercisable in consequence of report of Competition and Markets Authority.
Opposition, appeal and arbitration.
Compulsory licences; supplementary provisions.
Special provisions where patented invention is being worked abroad.
Use of patented inventions for services of the Crown.
Interpretation, etc., of provisions about Crown use.
Rights of third parties in respect of Crown use.
References of disputes as to Crown use.
Special provisions as to Crown use during emergency.
Meaning of infringement.
Proceedings for infringement of patent.
Restrictions on recovery of damages for infringement.
Relief for infringement of partially valid patent.
Right to continue use begun before priority date.
Certificate of contested validity of patent.
Proceedings for infringement by a co-owner.
Proceedings for infringement by exclusive licensee.
Effect of non-registration on infringement proceedings.
Infringement of rights conferred by publication of application.
Threats of infringement proceedings
Actionable threats
Permitted communications
Remedies and defences
Professional advisers
Supplementary: pending registration
Supplementary: proceedings for delivery up etc.
Declaration or declarator as to non-infringement
Power to revoke patents on application.
Comptroller’s power to revoke patents on his own initiative.
Proceedings in which validity of patent may be put in issue.
Opinions on matters prescribed in the rules
Reviews of opinions under section 74A
Amendment of patent in infringement or revocation proceedings.
Amendments of applications and patents not to include added matter.
Biotechnological inventions
Part II — Provisions about International Conventions
Browse 24 other sections in this Part — procedural / definitional / commencement
Effect of European patent (UK).
Effect of filing an application for a European patent (UK).
Operation of s. 78 in relation to certain European patent applications.
Authentic text of European patents and patent applications.
Conversion of European patent applications.
Jurisdiction to determine questions as to right to a patent.
Effect of patent decisions of competent authorities of other states.
European patent with unitary effect and Unified Patent Court
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Implementation of Community Patent Convention.
Decisions on Community Patent Convention.
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Implementation of Agreement on a Unified Patent Court
Designation as international organisation of which UK is member
Effect of international application for patent.
International and national phases of application.
Adaptation of provisions in relation to international application.
Orders in Council as to convention countries.
Evidence of conventions and instruments under conventions.
Obtaining evidence for proceedings under the European Patent Convention.
Enforcement of orders for costs.
Communication of information to the European Patent Office, etc.
Financial provisions.
Part III — Miscellaneous and General
The Patents Court.
Other duties (1) — Crown / regulator
- Lord Chancellor must appoint judges and scientific advisers to the Patents Court Crown / Minister / Government department
Power of Patents Court to order report.
Other duties (1) — Crown / regulator
- Patents Court may order the Patent Office to investigate facts Tribunal / Court
Exercise of comptroller’s discretionary powers.
Other duties (1) — Crown / regulator
- The Comptroller must allow you to be heard before making an adverse decision Statutory regulator
Right of audience, &c. in proceedings before comptroller.
Amended 2 timesRight of audience, &c. in proceedings on appeal from the comptroller.
Amended 2 timesExtension of privilege for communications with solicitors relating to patent proceedings.
Amended 2 timesExtension of privilege in Scotland for communications relating to patent proceedings.
Amended 1 timeCosts and expenses in proceedings before the Court ....
Amended 4 timesCosts and expenses in proceedings before the comptroller.
Amended 3 timesFalsification of register etc.
2 years imprisonment- Falsify the patent register or patent documents Any Person
Unauthorised claim of patent rights.
Fine up to £1,000- Falsely claiming a product is patented Any Person
Unauthorised claim that patent has been applied for.
Fine up to £1,000- Falsely claim that a patent has been applied for Any Person
Misuse of title “Patent Office”.
Fine up to £2,500 Amended 1 time- Unauthorised use of the title 'Patent Office' Any Person
Offences by corporations.
Unlimited fine- Personal liability for corporate patent offences Director or Officer
Correction of errors in patents and applications.
Amended 2 timesEffect of resuscitating a withdrawn application under section 117
Amended 2 timesExtension of time limits specified by comptroller
Amended 2 timesInformation about patent applications and patents, and inspection of documents.
Amended 4 timesCopyright in documents made available electronically for inspection under section 118(1)
Amended 4 timesHours of business and excluded days.
Amended 3 timesComptroller’s annual report.
Amended 5 timesOther duties (1) — Crown / regulator
- Comptroller must submit an annual report to Parliament Statutory regulator
Rules.
Amended 6 timesRules, regulations and orders; supplementary.
Amended 1 timeUse of electronic communications
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeInterpretation.
Amended 17 timesNorthern Ireland.
Amended 2 timesScotland
Amended 2 timesShort title, extent, commencement, consequential amendments and repeals.
Amended 1 timeBrowse 19 other sections in this Part — procedural / definitional / commencement
Appeals from the comptroller.
Proceedings in Scotland.
General powers of the court.
Power of Court of Session to order report.
Burden of proof in certain cases.
Privilege for communications with patent agents relating to patent proceedings.
Licences granted by order of comptroller.
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Immunity of department as regards official acts.
Service by post.
Crown’s right to sell forfeited articles.
Extent of invention.
Disclosure of invention by specification: availablity of samples of biological material.
Existing patents and applications.
Priorities between patents and applications under 1949 Act and this Act.
Compulsory pharmaceutical licences
Supplementary protection certificates
Application of Act to Crown.
Schedules
DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS
- Pay royalty and supply information when using patented plant material Employer
Information to be supplied by farmer
- Provide information about your use of protected material to the rights holder when asked Any Person
Restriction on movement for processing from the holding
- Don't remove protected seed material from your holding for processing without permission, a return guarantee, or using an authorised processor Any Person
Browse 84 other Schedules — structural / supplementary
Application of 1949 Act to existing patents and applications
REPEALS OF PROVISIONS OF 1949 ACT
ENACTMENTS REPEALED
(1) The provisions of the 1949 Act referred to in...
(1) In section 6 of the 1949 Act, at the...
(1) This paragraph and paragraph 4 below shall have effect...
(1) The term of every new existing patent under section...
(1) If the proprietor of a patent for an invention...
(1) An application under section 46(3)(a) or (b) above for...
In section 26(3) of the 1949 Act (no patent of...
Notwithstanding anything in section 32(1)(j) of the 1949 Act (ground...
(1) In section 33 of the 1949 Act (revocation of...
In section 101(1) of the 1949 Act (interpretation) there shall...
Application of this Act to Existing Patents and Applications
(1) Without prejudice to those provisions of Schedule 4 below...
In those provisions as they apply by virtue of this...
Subject to the provisions of Schedule 4 below, the provisions...
The provisions are:— (a) section 14 (opposition to grant of...
Transitional Provisions
In so far as any instrument made or other thing...
Where the court has given judgment on a petition under...
(1) In this paragraph “the continuing 1949 Act provisions” means...
(1) This paragraph applies where an appeal to the Appeal...
Section 87(1) of the 1949 Act shall continue to apply...
The power to make rules under section 123 of this...
Section 97(2) of this Act applies to—
In this Schedule “the old law” means the 1949 Act,...
For the purposes of this Schedule— (a) issue is joined...
(1) Nothing in the repeals made by this Act in...
(1) Any question whether— (a) an act done before the...
(1) Any question whether an act done before the appointed...
(1) Where notice of opposition to the grant of a...
(1) Where directions given under section 18 of the 1949...
(1) Where before the appointed day an application has been...
(1) This paragraph applies where an application has been made...
(1) Sections 35 to 41 and 43 to 45 of...
(1) Without prejudice to paragraph 1 above, an Order in...
SUPPLEMENTARY PROTECTION CERTIFICATES
Schedule 4A para.1
(1) In the case of the provisions of this Act...
Schedule 4A para.3
Schedule 4A para.4
Schedule 4A para.5
Schedule 4A para.6
In this Act— (a) “the Medicinal Products Regulation” means Regulation...
Schedule 4A para.8
CONSEQUENTIAL AMENDMENTS
CONSEQUENTIAL AMENDMENTS
In sections 42 and 44(1) of the Registered Designs Act...
In subsection (4) of section 4 of the Defence Contracts...
(1) In subsections (2) and (3) of section 10 of...
In section 5(2) of the Atomic Energy Authority (Weapons Group)...
CONSEQUENTIAL AMENDMENTS
Interpretation
Confidentiality
Formalities
Remedies
Specified species
Liability to pay equitable remuneration
Exemption for small farmers
Information to be supplied by seed processor
Information to be supplied by relevant rights holder
Period in respect of which inquiry may be made
An invention shall not be considered unpatentable solely on the...
The protection referred to in paragraphs 7, 8 and 9...
In this Schedule: “essentially biological process” means a process for...
Biological material which is isolated from its natural environment or...
The following are not patentable inventions— (a) the human body,...
Inventions which concern plants or animals may be patentable if...
An element isolated from the human body or otherwise produced...
The industrial application of a sequence or partial sequence of...
The protection conferred by a patent on a biological material...
The protection conferred by a patent on a process that...
The protection conferred by a patent on a product containing...
In this Schedule “relevant statutory provisions” means—
The following provisions of this Act apply in relation to...
The relevant statutory provisions apply in relation to a European...
(1) In their application in relation to the European patent...
In this Schedule— (a) “Contracting Member State” has the same...
The Unified Patent Court has exclusive jurisdiction in respect of...
(1) The transitional provisions in Article 83 apply in relation...
(1) In the case of an Article 32(1) action relating...
(1) For the purposes of enforcement of a decision or...
In this Schedule— (a) “Article 32(1) action” means an action...
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Browse 3 other sections
BIOTECHNOLOGICAL INVENTIONS
EUROPEAN PATENT WITH UNITARY EFFECT
THE UNIFIED PATENT COURT
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Business Companion - Intellectual Property (opens in a new tab) Detailed Guidance
- Find a trademark attorney (opens in a new tab) Detailed Guidance
- Find a patent attorney (opens in a new tab) Detailed Guidance
- Intellectual Property Office - apply for IP protection (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Intellectual Property Office
Registration and protection of intellectual property rights. Administers patents, trade marks, designs, and provides copyright guidance. Gateway for IP protection in the …
Connected legislation
2 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.