Patents Act 1977

Summary

The Patents Act 1977 is the principal legislation governing patents in the UK. It provides for the grant of patents by the Intellectual Property Office, defines patentable inventions, sets out the rights of patent holders, and establishes procedures for opposition, revocation, and licensing. The Act implemented the European Patent Convention in UK law.

Key Points

• Patentability — An invention must be new, involve an inventive step, be capable of industrial application, and not be excluded (s.1)
• Exclusions — Discoveries, scientific theories, mathematical methods, aesthetic creations, business methods, and computer programs 'as such' are not patentable (s.1(2))
• Employee inventions — Rules on ownership of inventions made by employees (s.39–43)
• Duration — 20 years from filing date, subject to renewal fees
• Infringement — Making, using, selling, or importing a patented product or process without consent (s.60)
• Compulsory licences — May be granted where a patent is not being worked or demand is not being met (s.48)

Parts & Sections

Amendments History