Patents Act · 2023 Revised Edition · Part · Infringement of Patents
73. Effect of non-registration on infringement proceedings
Official textFrom Attorney General's Chambers, unchanged
Where by virtue of a transaction, instrument or event to which section 44 applies a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is subsequently infringed, the court or the Registrar shall not award him damages or order that he be given an account of the profits in respect of such a subsequent infringement occurring before the transaction, instrument or event is registered unless —
the transaction, instrument or event is registered within the period of 6 months beginning with its date; or
the court or the Registrar is satisfied that it was not practicable to register the transaction, instrument or event before the end of that period and that it was registered as soon as practicable thereafter.
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);
register
Defined · s 2“register”, when used as a noun, means the register of patents maintained under section 43 and, when used as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, when used in relation to a person, means to enter his name in the register;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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Revocation of Patents and Validity Proceedings
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Amendments of Patents and Applications
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International Applications for Patents
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Legal Proceedings
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Offences
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Patent Agents
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