Registration of UK Patents Act

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Published: 1924-07-14

Registration of United Kingdom Patents Act


2008 Revised Edition

CAP. 40.48






REGISTRATION OF UNITED KINGDOM
PATENTS ACT

Registration of United Kingdom Patents Act CAP. 40.48 Arrangement of Sections





2008 Revised Edition


Page 3



REGISTRATION OF UNITED KINGDOM PATENTS
ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Application to register patent................................................................................. 5
3 Documents required on application for registration .............................................. 5
4 Issue of certificate of registration .......................................................................... 6
5 Effect of certificate ................................................................................................ 6
6 Period for which effective...................................................................................... 6
7 Patent Register ....................................................................................................... 6
8 Jurisdiction of the High Court................................................................................ 6
9 Substitution of amended for original specification etc. ......................................... 7
10 Entry in Patent Register of assignment etc. ........................................................... 7
11 Entry in Patent Register or certified copy thereof to be admissible in

evidence ................................................................................................................. 7
12 Patent Register etc., to be open to inspection ........................................................ 7
13 Power to make regulations and prescribe fees ....................................................... 7
14 Interpretation.......................................................................................................... 8


SCHEDULE 9

Supporting Documents

ENDNOTES 10

Registration of United Kingdom Patents Act CAP. 40.48 Section 1





2008 Revised Edition


Page 5



REGISTRATION OF UNITED KINGDOM PATENTS
ACT

AN ACT TO PROVIDE FOR THE REGISTRATION OF LETTERS
PATENT GRANTED OR ACCEPTED AS EFFECTIVE IN THE UNITED

KINGDOM1

Commencement [14th July 1924]

1 Short title
This Act may be cited as the Registration of United Kingdom Patents Act.

2 Application to register patent
Any person being the grantee of a patent or any person deriving his right from such
grantee by assignment, transmission or other operation of law, may apply within 3
years from the date of grant of the patent to have such patent registered in Tuvalu;
and where any partial assignment or transmission has been made all proper parties
shall be joined in the application for registration.

3 Documents required on application for registration
Every application under this Act shall be made to the Secretary and shall be
accompanied by a certified copy of the specification or specifications, including
drawings if any, of the patent, and a certificate of the Comptroller General or an
officer duly authorised under the Act giving full particulars of the grant of the patent
on such specification or specifications or certifying that a European patent has been
accepted as being effective in the United Kingdom.

Section 4 CAP. 40.48 Registration of United Kingdom Patents Act





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4 Issue of certificate of registration
Upon such application being received together with the documents mentioned in
section 3 the Secretary shall file the same in his office and shall issue a certificate of
registration.

5 Effect of certificate
Such certificate of registration shall confer on the applicant the same privileges and
rights in so far as they may be applicable to Tuvalu as he is entitled to in the United
Kingdom and as though the patent had been issued in the United Kingdom with an
extension to Tuvalu.

6 Period for which effective
Privileges and rights so granted shall date from the date of the grant of the patent in
the United Kingdom and shall continue in force only so long as the patent remains in
force in the United Kingdom:

Provided that no action for infringement shall be entertained in respect of any
manufacture, use or sale of the invention prior to the date of issue of the certificate
of registration in Tuvalu.

7 Patent Register
The Secretary shall keep in his office a book to be called the “Patent Register” in
which he shall register the particulars of every application and of any documents
filed in connection therewith, showing the number, nature and date thereof and the
name of the applicant or parties to such application.

8 Jurisdiction of the High Court
(1) The High Court shall have power upon the application of any person who

alleges that his interests have been prejudicially affected by the issue of a
certificate of registration, to declare that the exclusive privileges and rights
conferred by such certificate of registration have not been acquired. Such
declaration may be made on any of the grounds upon which the United
Kingdom patent might be revoked under the laws for the time being in force
in the United Kingdom; and such grounds shall be deemed to include the
manufacture, use or sale of the invention in Tuvalu before the priority date
applicable to the patent in the United Kingdom, but not to include the
manufacture, use or sale of the invention in Tuvalu by some person or persons
after the priority date applicable to the patent in the United Kingdom and
before the date of the issue of the certificate of registration under section 4.

Registration of United Kingdom Patents Act CAP. 40.48 Section 9





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Page 7



(2) For the purposes of this section the expression “priority date” in its
application to a patent has the meaning assigned to it in section 5 of the Act.

9 Substitution of amended for original specification etc.
Whenever the specification or drawings of a patent registered in Tuvalu have been
amended by way of disclaimer, correction or explanation according to the law of the
United Kingdom, a request accompanied by a copy of the specification and
drawings (if any) as amended duly certified by the Comptroller General may be
made to the Secretary to substitute a copy of the specification and drawings as
amended for the specification and drawings originally filed.

10 Entry in Patent Register of assignment etc.
Where a person becomes entitled by assignment, transmission or other operation of
law to the privileges and rights by a certificate of registration or to any interest
therein, he may make application in the prescribed manner to the Secretary for the
entry in the Patent Register of such assignment, transmission or other instrument
affecting the title or giving an interest therein.

11 Entry in Patent Register or certified copy thereof to be admissible in
evidence
Any entry in the Patent Register or any certified copy thereof or of any document,
duly filed, signed by the Secretary and given under his hand and seal, shall be
admitted in evidence in all courts of Tuvalu and in all proceedings without further
proof.

12 Patent Register etc., to be open to inspection
The Patent Register and all documents relating to entries therein which may have
been duly filed, shall be open to the inspection of any person during office hours on
payment of the prescribed fee.

13 Power to make regulations and prescribe fees
The Minister may make regulations and do such things as he may think expedient
subject to the provisions of this Act for regulating procedure under this Act, and for
prescribing the fees to be paid in respect of proceedings thereunder:

Provided that the fees contained in the Schedule shall be the prescribed fees until
amended by regulations made hereunder.

Section 14 CAP. 40.48 Registration of United Kingdom Patents Act





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14 Interpretation
In this Act, unless the context otherwise requires —

“the Act” means the United Kingdom Patents Act 1977 or any substitution
therefor;

“Comptroller General” means the Comptroller General of Patents, Designs
and Trade Marks for the United Kingdom;

“European patent” bears the meaning ascribed to that phrase by section 130
of the Act;

“patent” means either —
(a) a patent granted in the United Kingdom; or
(b) a European patent designating the United Kingdom within the meaning

of section 130 of the Act, and which has been certified in the terms of
section 3 of the Act.

Registration of United Kingdom Patents Act CAP. 40.48 SCHEDULE





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SCHEDULE2

(Section 13)

1. For filing application for registration together with documents
specified in section 3, making entry in Patent Register and
issuing certificate of registration

$

200.00

2. For inspection of any document filed or any entry in Patent
Register or both

40.00

3. For substitution of amended specification and drawings (if any) 80.00

4. For entry in the patent Register of any assignment, etc. under
section 10

250.00

5. For a certified copy or extract of an entry in the Patent Register 80.00

6. For filing any document not otherwise provided for 40.00

7. For office copy of any document, per page 80.00

8. For certifying such office copy 40.00



ENDNOTES CAP. 40.48 Registration of United Kingdom Patents Act





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ENDNOTES


1 1990 Revised Edition, Cap. 61 – Acts 3 of 1924, 2 of 1933, 6 of 1956, 10 of 1967, 8 of 1971, 4 of

1975, 10 of 1977, LN 20/1978, LN 16/1979
Amended by LN 10/1995 commencement 1 January 1996
2 Amended by LN 10/1995
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