The Patents Act 1977
The Patents Act 1977 is the primary legislation governing patent law in the United Kingdom, establishing the legal framework for granting, managing, and enforcing patents. It was enacted on July 29, 1977, and harmonised UK law with the European Patent Convention (EPC) and the Patent Co-operation Treaty (PCT) to foster innovation. It was designed to balance the interests of inventors (granting exclusive rights) with that of public interest, facilitating technological advancement and has been amended over time, including post-Brexit adjustments in 2019 and 2020, but it continues to remain as the foundation of UK patent law. Key aspects of the Act include:
- Defining that an invention must be new, involve an inventive step, and be capable of industrial application to be patented, known as patentability criteria.
- Setting out what cannot be patented, such as scientific theories, mathematical methods, artistic works, or computer programs as such defining what s considered excluded subject matter.
- Establishing the UK Intellectual Property Office (UK IPO) as the body responsible for handling applications and granting patents.
- Defining the 20-year term of a patent, ownership rights (including employees' inventions), and procedures for handling infringement disputes in terms of rights and enforcement of those rights.
- Aligning the UK patent law with international standards for harmonisation, in particular with the EPC, allowing for consistent protection across Europe.
For the full Act of law see The Patents Act 1977, up to date with all changes known to be in force on or before 08 February 2026. There are changes that may be brought into force at a future date.See also Copyright, Designs and Patents Act 1988, and the Trade Marks Act 1994.
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