Contents of Section

Chapter:

514 PDFTitle:PATENTS ORDINANCEGazette Number:
Section:52Heading:Effect of registration procedures on rights in patentsVersion Date:30/06/1997

(1) Any person who claims to have acquired the property in a patent or application for a patent by virtue of any transaction, instrument or event to which this section applies shall be entitled as against any other person who claims to have acquired that property by virtue of an earlier transaction, instrument or event to which this section applies if, at the time of the later transaction, instrument or event-

        (a) either-
          (i) application has not been made for registration of the earlier transaction, instrument or event; or
          (ii) in the case of any application for a standard patent which has not been published or any application for a short-term patent, notice of the earlier transaction, instrument or event has not been given to the Registrar in accordance with rules (if any) made for the purposes of section 51(2)(c); and
        (b) the person claiming under the later transaction, instrument or event did not know of the earlier transaction, instrument or event.
(2) Subsection (1) shall apply equally to the case where any person claims to have acquired any right in or under a patent or application for a patent by virtue of a transaction, instrument or event to which this section applies, and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or event to which this section applies.
(3) This section applies to the following transactions, instruments and events-
        (a) the assignment of a patent or application for a patent, or a right in it;
        (b) the mortgage of a patent or application or the granting of security over it;
        (c) the grant or assignment of a licence or sub-licence or mortgage of a licence or sub-licence under a patent or application;
        (d) the death of the proprietor or one of the proprietors of any such patent or application or any person having a right in or under a patent or application and the vesting by an assent of personal representatives of a patent, application or any such right; and
        (e) any order or directions of a court or other competent authority transferring a patent or application or any right in or under it to any person and the event by virtue of which the court or authority had power to make any such order or give any such directions.
[cf. 1977 c. 37 s. 33 U.K.]