| Guvnor

Enforced by: IPO
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 3 of 25 obligations carry up to 2 years imprisonment. 4 carry different penalties and 18 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person11 Applicant3 Farmer or Animal Keeper1 Employer1 Director or Officer1

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Applicant — also bound by 307 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

Farmer or Animal Keeper — also bound by 80 other Acts

Arable Area Payments Regulations (Northern Ireland) 1997 24 duties

The Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987 17 duties

The Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987 14 duties

The Environmentally Sensitive Areas (Shetland Islands) Designation Order 1993 12 duties

The Environmentally Sensitive Areas (Scotland) Orders Amendment Order 1994 11 duties

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

New Domestic Law

12 of 94 sections shown

s.006 Disclosure of matter, etc. , between earlier and later applications. Regulated

Protect your patent priority date from intervening public disclosuresAny Person

s.013 Mention of inventor. Regulated

Identify inventors and explain rights to the patentApplicant

s.016 Publication of application. Regulated

Other duties (1) — Crown / regulator

Comptroller must publish patent applications after the prescribed periodStatutory regulator

s.017 Search. Regulated

Request a patent search and pay the required feeApplicant

s.020 Reinstatement of applications Regulated

Request reinstatement of a failed patent applicationApplicant

s.022 Information prejudicial to national security or safety of public. Imprisonment

Breach secrecy directions on sensitive patent informationAny Person

s.023 Restrictions on applications abroad by United Kingdom residents. Imprisonment

File a patent application abroad without UK permissionAny Person

s.029 Surrender of patents. Regulated

You may offer to surrender your patent voluntarilyAny Person

s.032 Register of patents etc. Regulated

Other duties (1) — Crown / regulator

IPO must maintain a public register of patentsStatutory regulator

s.046 Patentee’s application for entry in register that licences are available as of right. Regulated

Apply for 'licences of right' to reduce patent renewal feesAny Person

s.048 Compulsory licences: general. Regulated

Other duties (1) — Crown / regulator

Comptroller may grant compulsory licences for unused patentsStatutory regulator

s.057 Compensation for loss of profit. Regulated

Other duties (1) — Crown / regulator

Government departments must compensate patent holders for lost profitsCrown / Minister / Government department

82 other sections in this Part — procedural and definitional

s.001 Patentable inventions.

s.002 Novelty.

s.003 Inventive step.

s.004 Industrial application.

s.004 Methods of treatment or diagnosis

s.005 Priority date.

s.007 Right to apply for and obtain a patent.

s.008 Determination before grant of questions about entitlement to patents, etc.

s.009 Determination after grant of questions referred before grant.

s.010 Handling of application by joint applicants.

s.011 Effect of transfer of application under s. 8 or 10.

s.012 Determination of questions about entitlement to foreign and convention patents, etc.

s.014 Making of application.

s.015 Date of filing application.

s.015 Preliminary examination

s.018 Substantive examination and grant or refusal of patent.

s.019 General power to amend application before grant.

s.020 Failure of application.

s.020 Effect of reinstatement under section 20A

s.021 Observations by third party on patentability.

s.024 Publication and certificate of grant.

s.025 Term of patent.

s.026 Patent not to be impugned for lack of unity.

s.027 General power to amend specification after grant.

s.028 Restoration of lapsed patents.

s.028 Effect of order for restoration of patent.

s.030 Nature of, and transactions in, patents and applications for patents.

s.031 Nature of, and transactions in, patents and applications for patents in Scotland.

s.033 Effect of registration, etc., on rights in patents.

s.034 Rectification of register.

s.035 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.036 Co-ownership of patents and applications for patents.

s.037 Determination of right to patent after grant.

s.038 Effect of transfer of patent under s. 37.

s.039 Right to employees’ inventions.

s.040 Compensation of employees for certain inventions.

s.041 Amount of compensation.

s.042 Enforceability of contracts relating to employees’ inventions.

s.043 Supplementary.

s.044 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.045 Determination of parts of certain contracts.

s.047 Cancellation of entry made under s. 46.

s.048 Compulsory licences: WTO proprietors.

s.048 Compulsory licences: other cases.

s.049 Provisions about licences under s. 48.

s.050 Exercise of powers on applications under s. 48.

s.050 Powers exercisable following merger and market investigations

s.051 Powers exercisable in consequence of report of Competition and Markets Authority.

s.052 Opposition, appeal and arbitration.

s.053 Compulsory licences; supplementary provisions.

s.054 Special provisions where patented invention is being worked abroad.

s.055 Use of patented inventions for services of the Crown.

s.056 Interpretation, etc., of provisions about Crown use.

s.057 Rights of third parties in respect of Crown use.

s.058 References of disputes as to Crown use.

s.059 Special provisions as to Crown use during emergency.

s.060 Meaning of infringement.

s.061 Proceedings for infringement of patent.

s.062 Restrictions on recovery of damages for infringement.

s.063 Relief for infringement of partially valid patent.

s.064 Right to continue use begun before priority date.

s.065 Certificate of contested validity of patent.

s.066 Proceedings for infringement by a co-owner.

s.067 Proceedings for infringement by exclusive licensee.

s.068 Effect of non-registration on infringement proceedings.

s.069 Infringement of rights conferred by publication of application.

s.070 Threats of infringement proceedings

s.070 Actionable threats

s.070 Permitted communications

s.070 Remedies and defences

s.070 Professional advisers

s.070 Supplementary: pending registration

s.070 Supplementary: proceedings for delivery up etc.

s.071 Declaration or declarator as to non-infringement

s.072 Power to revoke patents on application.

s.073 Comptroller’s power to revoke patents on his own initiative.

s.074 Proceedings in which validity of patent may be put in issue.

s.074 Opinions on matters prescribed in the rules

s.074 Reviews of opinions under section 74A

s.075 Amendment of patent in infringement or revocation proceedings.

s.076 Amendments of applications and patents not to include added matter.

s.076 Biotechnological inventions

Part 2

Provisions about International Conventions

0 of 24 sections shown

24 other sections in this Part — procedural and definitional

s.077 Effect of European patent (UK).

s.078 Effect of filing an application for a European patent (UK).

s.079 Operation of s. 78 in relation to certain European patent applications.

s.080 Authentic text of European patents and patent applications.

s.081 Conversion of European patent applications.

s.082 Jurisdiction to determine questions as to right to a patent.

s.083 Effect of patent decisions of competent authorities of other states.

s.083 European patent with unitary effect and Unified Patent Court

s.084 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.085 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.086 Implementation of Community Patent Convention.

s.087 Decisions on Community Patent Convention.

s.088 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.088 Implementation of Agreement on a Unified Patent Court

s.088 Designation as international organisation of which UK is member

s.089 Effect of international application for patent.

s.089 International and national phases of application.

s.089 Adaptation of provisions in relation to international application.

s.090 Orders in Council as to convention countries.

s.091 Evidence of conventions and instruments under conventions.

s.092 Obtaining evidence for proceedings under the European Patent Convention.

s.093 Enforcement of orders for costs.

s.094 Communication of information to the European Patent Office, etc.

s.095 Financial provisions.

Part 3

Miscellaneous and General

29 of 48 sections shown

s.096 The Patents Court. Regulated

Other duties (1) — Crown / regulator

Lord Chancellor must appoint judges and scientific advisers to the Patents CourtCrown / Minister / Government department

s.099 Power of Patents Court to order report. Regulated

Other duties (1) — Crown / regulator

Patents Court may order the Patent Office to investigate factsTribunal / Court

s.101 Exercise of comptroller’s discretionary powers. Regulated

Other duties (1) — Crown / regulator

The Comptroller must allow you to be heard before making an adverse decisionStatutory regulator

s.102 Right of audience, &c. in proceedings before comptroller.

amended 2 times (opens in a new tab)

s.102 Right of audience, &c. in proceedings on appeal from the comptroller.

amended 2 times

s.103 Extension of privilege for communications with solicitors relating to patent proceedings.

amended 2 times (opens in a new tab)

s.105 Extension of privilege in Scotland for communications relating to patent proceedings.

amended 1 time (opens in a new tab)

s.106 Costs and expenses in proceedings before the Court ....

amended 4 times (opens in a new tab)

s.107 Costs and expenses in proceedings before the comptroller.

amended 3 times (opens in a new tab)

s.109 Falsification of register etc. Imprisonment

Falsify the patent register or patent documentsAny Person

s.110 Unauthorised claim of patent rights. Prosecution

Falsely claiming a product is patentedAny Person

Fine up to £1,000

s.111 Unauthorised claim that patent has been applied for. Prosecution

Falsely claim that a patent has been applied forAny Person

Fine up to £1,000

s.112 Misuse of title “Patent Office”. Prosecution

Unauthorised use of the title 'Patent Office'Any Person

Fine up to £2,500 · amended 1 time (opens in a new tab)

s.113 Offences by corporations. Prosecution

Personal liability for corporate patent offencesDirector or Officer

Unlimited fine

s.117 Correction of errors in patents and applications.

amended 2 times (opens in a new tab)

s.117 Effect of resuscitating a withdrawn application under section 117

amended 2 times

s.117 Extension of time limits specified by comptroller

amended 2 times

s.118 Information about patent applications and patents, and inspection of documents.

amended 4 times (opens in a new tab)

s.118 Copyright in documents made available electronically for inspection under section 118(1)

amended 4 times

s.120 Hours of business and excluded days.

amended 3 times (opens in a new tab)

s.121 Comptroller’s annual report. Regulated

Other duties (1) — Crown / regulator

Comptroller must submit an annual report to ParliamentStatutory regulator

amended 5 times (opens in a new tab)

s.123 Rules.

amended 6 times (opens in a new tab)

s.124 Rules, regulations and orders; supplementary.

amended 1 time (opens in a new tab)

s.124 Use of electronic communications

amended 1 time

s.126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

amended 1 time (opens in a new tab)

s.130 Interpretation.

amended 17 times (opens in a new tab)

s.131 Northern Ireland.

amended 2 times (opens in a new tab)

s.131 Scotland

amended 2 times

s.132 Short title, extent, commencement, consequential amendments and repeals.

amended 1 time (opens in a new tab)

19 other sections in this Part — procedural and definitional

s.097 Appeals from the comptroller.

s.098 Proceedings in Scotland.

s.099 General powers of the court.

s.099 Power of Court of Session to order report.

s.100 Burden of proof in certain cases.

s.104 Privilege for communications with patent agents relating to patent proceedings.

s.108 Licences granted by order of comptroller.

s.114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.116 Immunity of department as regards official acts.

s.119 Service by post.

s.122 Crown’s right to sell forfeited articles.

s.125 Extent of invention.

s.125 Disclosure of invention by specification: availablity of samples of biological material.

s.127 Existing patents and applications.

s.128 Priorities between patents and applications under 1949 Act and this Act.

s.128 Compulsory pharmaceutical licences

s.128 Supplementary protection certificates

s.129 Application of Act to Crown.

Schedules

4 of 87 shown

s.schedule a1 DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS Regulated

Pay royalty and supply information when using patented plant materialEmployer

s.schedule a1 para.5 Information to be supplied by farmer Regulated

Provide information about your use of protected material to the rights holder when askedFarmer or Animal Keeper

s.schedule a1 para.7 Information to be supplied by relevant rights holder Regulated

Provide name, address and royalty info to farmers/seed processors on requestAny Person

s.schedule a1 para.9 Restriction on movement for processing from the holding Regulated

Don't remove protected seed material from your holding for processing without permission, a return guarantee, or using an authorised processorAny Person

83 other schedules

s.001 Application of 1949 Act to existing patents and applications

s.003 REPEALS OF PROVISIONS OF 1949 ACT

s.006 ENACTMENTS REPEALED

s.sch001 (1) The provisions of the 1949 Act referred to in...

s.sch001 (1) In section 6 of the 1949 Act, at the...

s.sch001 (1) This paragraph and paragraph 4 below shall have effect...

s.sch001 (1) The term of every new existing patent under section...

s.sch001 (1) If the proprietor of a patent for an invention...

s.sch001 (1) An application under section 46(3)(a) or (b) above for...

s.sch001 In section 26(3) of the 1949 Act (no patent of...

s.sch001 Notwithstanding anything in section 32(1)(j) of the 1949 Act (ground...

s.sch001 (1) In section 33 of the 1949 Act (revocation of...

s.sch001 In section 101(1) of the 1949 Act (interpretation) there shall...

s.sch002 Application of this Act to Existing Patents and Applications

s.sch002 (1) Without prejudice to those provisions of Schedule 4 below...

s.sch002 In those provisions as they apply by virtue of this...

s.sch003 Subject to the provisions of Schedule 4 below, the provisions...

s.sch003 The provisions are:— (a) section 14 (opposition to grant of...

s.sch004 Transitional Provisions

s.sch004 In so far as any instrument made or other thing...

s.sch004 Where the court has given judgment on a petition under...

s.sch004 (1) In this paragraph “the continuing 1949 Act provisions” means...

s.sch004 (1) This paragraph applies where an appeal to the Appeal...

s.sch004 Section 87(1) of the 1949 Act shall continue to apply...

s.sch004 The power to make rules under section 123 of this...

s.sch004 Section 97(2) of this Act applies to—

s.sch004 In this Schedule “the old law” means the 1949 Act,...

s.sch004 For the purposes of this Schedule— (a) issue is joined...

s.sch004 (1) Nothing in the repeals made by this Act in...

s.sch004 (1) Any question whether— (a) an act done before the...

s.sch004 (1) Any question whether an act done before the appointed...

s.sch004 (1) Where notice of opposition to the grant of a...

s.sch004 (1) Where directions given under section 18 of the 1949...

s.sch004 (1) Where before the appointed day an application has been...

s.sch004 (1) This paragraph applies where an application has been made...

s.sch004 (1) Sections 35 to 41 and 43 to 45 of...

s.sch004 (1) Without prejudice to paragraph 1 above, an Order in...

s.sch004a SUPPLEMENTARY PROTECTION CERTIFICATES

s.sch004a Schedule 4A para.1

s.sch004a (1) In the case of the provisions of this Act...

s.sch004a Schedule 4A para.3

s.sch004a Schedule 4A para.4

s.sch004a Schedule 4A para.5

s.sch004a Schedule 4A para.6

s.sch004a In this Act— (a) “the Medicinal Products Regulation” means Regulation...

s.sch004a Schedule 4A para.8

s.sch005 CONSEQUENTIAL AMENDMENTS

s.sch005 In sections 42 and 44(1) of the Registered Designs Act...

s.sch005 In subsection (4) of section 4 of the Defence Contracts...

s.sch005 (1) In subsections (2) and (3) of section 10 of...

s.sch005 In section 5(2) of the Atomic Energy Authority (Weapons Group)...

s.sch005 CONSEQUENTIAL AMENDMENTS

s.schedule a1 para.1 Interpretation

s.schedule a1 para.10 Confidentiality

s.schedule a1 para.11 Formalities

s.schedule a1 para.12 Remedies

s.schedule a1 para.2 Specified species

s.schedule a1 para.3 Liability to pay equitable remuneration

s.schedule a1 para.4 Exemption for small farmers

s.schedule a1 para.6 Information to be supplied by seed processor

s.schedule a1 para.8 Period in respect of which inquiry may be made

s.schedule a2 para.1 An invention shall not be considered unpatentable solely on the...

s.schedule a2 para.10 The protection referred to in paragraphs 7, 8 and 9...

s.schedule a2 para.11 In this Schedule: “essentially biological process” means a process for...

s.schedule a2 para.2 Biological material which is isolated from its natural environment or...

s.schedule a2 para.3 The following are not patentable inventions— (a) the human body,...

s.schedule a2 para.4 Inventions which concern plants or animals may be patentable if...

s.schedule a2 para.5 An element isolated from the human body or otherwise produced...

s.schedule a2 para.6 The industrial application of a sequence or partial sequence of...

s.schedule a2 para.7 The protection conferred by a patent on a biological material...

s.schedule a2 para.8 The protection conferred by a patent on a process that...

s.schedule a2 para.9 The protection conferred by a patent on a product containing...

s.schedule a3 para.1 In this Schedule “relevant statutory provisions” means—

s.schedule a3 para.2 The following provisions of this Act apply in relation to...

s.schedule a3 para.3 The relevant statutory provisions apply in relation to a European...

s.schedule a3 para.4 (1) In their application in relation to the European patent...

s.schedule a3 para.5 In this Schedule— (a) “Contracting Member State” has the same...

s.schedule a4 para.1 The Unified Patent Court has exclusive jurisdiction in respect of...

s.schedule a4 para.2 (1) The transitional provisions in Article 83 apply in relation...

s.schedule a4 para.3 (1) In the case of an Article 32(1) action relating...

s.schedule a4 para.4 (1) For the purposes of enforcement of a decision or...

s.schedule a4 para.5 In this Schedule— (a) “Article 32(1) action” means an action...

3 other provisions

s.biotechnological inventions BIOTECHNOLOGICAL INVENTIONS

s.european patent with unitary effect EUROPEAN PATENT WITH UNITARY EFFECT

s.the unified patent court THE UNIFIED PATENT COURT

Help complying

Guvnor’s practical routes through this instrument.

Grow your retail business

Scale your retail business - expand online, open new locations, build your team, and manage increased compliance as you grow

Grow your tech business

Scale your tech business - funding, international expansion, investment, and preparing for exit

Start a fintech business

Launch a financial technology business requiring FCA authorisation

Run a tech business

Ongoing compliance, operations, and growth guidance for established UK tech and software businesses

Tech Sector Licensing and Authorisations

Comprehensive guide to licences and regulatory authorisations required for technology businesses - telecommunications, financial services, intellectual property, export controls, and product safety.

3 more guides that reference this instrument

Identify your intellectual property Protect your intellectual property Protecting Your Software Intellectual Property

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007 SI 2007

Patents (Supplementary Protection Certificates) Regulations 2014 SI 2014

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Patents Act 1977

Does it bind you?

Other Acts binding the same actors

What it requires

New Domestic Law

Provisions about International Conventions

Miscellaneous and General

Schedules

Help complying

Grow your retail business

Grow your tech business

Start a fintech business

Run a tech business

Tech Sector Licensing and Authorisations

Connected legislation