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UK Act of Parliament
1977
United Kingdom
Patents Act 1977
At a glance
Enforced by
What's here
21 compliance obligations, 4 practical guides across 2 topics · 4 journeys · 2 statutory instruments
Penalty landscape
3 of 21 obligations carry up to 2 years imprisonment. 4 carry different penalties and 14 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 9
- 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 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Applicants also bound by 146 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Human Medicines Regulations 2012 2012 20 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Employers also bound by 171 other Acts (top 5 shown)
- Provision and Use of Work Equipment Regulations 1998 1998 204 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 201 duties
- Electricity at Work Regulations 1989 1989 55 duties
- Fire Safety (Scotland) Regulations 2006 2006 51 duties
- TULRCA 1992 1992 47 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 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
Browse 7 other Schedules — structural / supplementary
Application of 1949 Act to existing patents and applications
REPEALS OF PROVISIONS OF 1949 ACT
ENACTMENTS REPEALED
Application of this Act to Existing Patents and Applications
Transitional Provisions
SUPPLEMENTARY PROTECTION CERTIFICATES
CONSEQUENTIAL AMENDMENTS
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS
- Pay royalty and supply information when using patented plant material Employer
Browse 3 other unclassified sections
BIOTECHNOLOGICAL INVENTIONS
EUROPEAN PATENT WITH UNITARY EFFECT
THE UNIFIED PATENT COURT
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- 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.
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.