Patents Act 1977 (c. 37) Part I – New Domestic Law Document Generated: 2018-10-30
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: Patents Act 1977 is up to date with all changes known to be in force on or before 30 October 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details)
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) the earlier transaction, instrument or event was not registered, or (b) in the case of any application which has not been published, notice of the
earlier transaction, instrument or event had not been given to the comptroller, and
(c) in any case, the person claiming under the later transaction, instrument or event, did not know of the earlier transaction, instrument or event.
(2) Subsection (1) above 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 or assignation 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, assignment or assignation 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— (i) transferring a patent or application or any right in or under it to any
person; or (ii) that an application should proceed in the name of any person;
and in either case the event by virtue of which the court or authority had power to make any such order or give any such directions.
(4) Where an application for the registration of a transaction, instrument or event has been made, but the transaction, instrument or event has not been registered, then, for the purposes of subsection (1)(a) above, registration of the application shall be treated as registration of the transaction, instrument or event.
34 Rectification of register.
(1) The court may, on the application of any person aggrieved, order the register to be rectified by the making, or the variation or deletion, of any entry in it.
(2) In proceedings under this section the court may determine any question which it may be necessary or expedient to decide in connection with the rectification of the register.
(3) Rules of court may provide for the notification of any application under this section to the comptroller and for his appearance on the application and for giving effect to any order of the court on the application.
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