Patents Act · 2023 Revised Edition · Part · Contracts as to Patented Products
54. Determination of parts of certain contracts
Official textFrom Attorney General's Chambers, unchanged
Any contract for the supply of a patented product or licence to work a patented invention, or contract relating to any such supply or licence, may at any time after the patent or all the patents by which the product or invention was protected at the time of the making of the contract or granting of the licence has or have ceased to be in force, and notwithstanding anything to the contrary in the contract or licence or in any other contract, be determined, to the extent (and only to the extent) that the contract or licence relates to the product or invention, by either party on giving 3 months’ notice in writing to the other party.
patented product
“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
In subsection (1), “patented product” and “patented invention”
patented invention
“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
include respectively a product and an invention which is the subject of an application for a patent, and that subsection shall apply in relation to a patent by which any such product or invention was protected and which was granted after the time of the making of the contract or granting of the licence, on an application which had been filed before that time, as it applies to a patent in force at that time.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Patents
If, on an application under this section made by either party to a contract or licence falling within subsection (1), the court is satisfied that, in consequence of the patent or patents ceasing to be in force, it would be unjust to require the applicant to continue to comply with all the terms and conditions of the contract or licence, the court may make such order varying those terms or conditions as, having regard to all the circumstances of the case, it thinks just as between the parties.
Without prejudice to any other right of recovery, nothing in subsection (1) shall be taken to entitle any person to recover property let under a hire-purchase agreement within the meaning of the Hire-Purchase
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;
Order, 2006 (S 44/2006).
This section shall be without prejudice to any rule of law relating to the frustration of contracts and any right of determining a contract or licence exercisable apart from this section.
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
patented invention
Defined · s 2“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
patented product
Defined · s 2“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
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
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