Patents Act · 2023 Revised Edition · Part · Property in Patents and Applications for Patents and Registration
42. Nature of, and transactions in, patents and applications for patents
Official textFrom Attorney General's Chambers, unchanged
Any patent or application for a patent is personal property
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
(without being a thing in action), and any patent or any such application and rights in or under it may be transferred, created or granted in accordance with this section.
Subject to section 47(3), any patent or any such application, or any right in it, may be assigned or mortgaged.
right
“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
Any patent or any such application or right shall vest by operation of law in the same way as any other personal property and may be vested by an assent of personal representatives.
Subject to section 47(3), a licence may be granted under any patent or any such application for working the invention which is the subject of the patent or the application; and —
to the extent that the licence so provides, a sub-licence may be granted under any such licence and any such licence or sub-licence may be assigned or mortgaged; and
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any such licence or sub-licence shall vest by operation of law in the same way as any other personal property and may be vested by an assent of personal representatives.
Subsections (2) to (4) shall have effect subject to the provisions of this Act.
Any of the following transactions, that is to say —
any assignment or mortgage of a patent or any such application, or any right in a patent or any such application;
any assent relating to any patent or any such application or right, shall be void unless it is in writing and is signed by or on behalf of the parties to the transaction (or, in the case of an assent or other transaction by a personal representative, by or on behalf of the personal representative) or in the case of a body corporate is so signed or is under the seal of that body.
An assignment of a patent or any such application or a share in it, and an exclusive licence granted under any patent or any such application, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings by virtue of section 65 or 74 for a previous infringement or to bring the proceedings under section 60 for a previous act.
exclusive licence
“exclusive licence” means a licence from the proprietor of or applicant for a patent conferring on the licensee, or on him and persons authorised by him, to the exclusion of all other persons (including the proprietor or applicant), any right in respect of the invention to which the patent or application relates, and “exclusive licensee” and “non-exclusive licence” shall be construed accordingly;
Terms defined in s 2
exclusive licence
Defined · s 2“exclusive licence” means a licence from the proprietor of or applicant for a patent conferring on the licensee, or on him and persons authorised by him, to the exclusion of all other persons (including the proprietor or applicant), any right in respect of the invention to which the patent or application relates, and “exclusive licensee” and “non-exclusive licence” shall be construed accordingly;
mortgage
Defined · s 2“mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb, shall be construed accordingly;
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
Part
Employees’ Inventions
Part
Contracts as to Patented Products
Part
Licences of Right and Compulsory Licences
Part
Use of Patented Inventions for Services of Government
Part
Infringement of Patents
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
Part