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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III PATENTABILITY

Part IV RIGHT TO APPLY FOR AND OBTAIN PATENT

Part V APPLICATIONS FOR PATENTS

Part VI PROCEDURE FOR GRANT OF PATENT

Part VII PROVISIONS AS TO PATENTS AFTER GRANT

Part VIII PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATION

Part IX EMPLOYEES’ INVENTIONS

Part X CONTRACTS AS TO PATENTED PRODUCTS

Part XI LICENCES OF RIGHT AND COMPULSORY LICENCES

Part XII USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT

Part XIII INFRINGEMENT OF PATENTS

Part XIV REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS

Part XV AMENDMENTS OF PATENTS AND APPLICATIONS

Part XVI INTERNATIONAL APPLICATIONS FOR PATENTS

Part XVII LEGAL PROCEEDINGS

Part XVIII OFFENCES

Part XIX PATENT AGENTS

Part XX MISCELLANEOUS AND GENERAL

THE SCHEDULE Substances Which Are Not Pharmaceutical Products

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 20/06/2013, you requested for the version in force on 20/06/2013 incorporating all amendments published on or before 20/06/2013. The closest version currently available is that of 08/04/2013.
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Infringement of rights conferred by publication of application
76.
—(1)  Where an application for a patent for an invention is published, then, subject to this section, the applicant shall have, as from the publication and until the grant of the patent, the same right as he would have had, if the patent had been granted on the date of the publication of the application, to bring proceedings in the court or before the Registrar for damages in respect of any act which would have infringed the patent.
(2)  References in sections 66 to 69 and 73 to 75 to a patent and the proprietor of a patent shall be respectively construed as including references to any such application and the applicant, and references to a patent being in force, being granted, being valid or existing shall be construed accordingly.
(3)  The applicant shall be entitled to bring proceedings by virtue of this section in respect of any act only —
(a)
after the patent has been granted; and
(b)
if the act would, if the patent had been granted on the date of the publication of the application, have infringed not only the patent, but also the claims (as interpreted by the description and any drawings referred to in the description or claims) in the form in which they were contained in the application immediately before the preparations for its publication were completed by the Registry.
(4)  Section 69(3) and (4) shall not apply to an infringement of the rights conferred by this section but in considering the amount of any damages for such an infringement, the court or the Registrar shall consider whether or not it would have been reasonable to expect, from a consideration of the application as published under section 27, that a patent would be granted conferring on the proprietor of the patent protection from an act of the same description as that found to infringe those rights, and if the court or the Registrar finds that it would not have been reasonable, it or he shall reduce the damages to such an amount as it or he thinks just.
[UK Patents 1977, s. 69]