Patents Act 1977

118 Information about patent applications and patents, and inspection of documents. U.K.

(1) After publication of an application for a patent in accordance with section 16 above the comptroller shall on a request being made to him in the prescribed manner and on payment of the prescribed fee (if any) give the person making the request such information, and permit him to inspect such documents, relating to the application or to any patent granted in pursuance of the application as may be specified in the request, subject, however, to any prescribed restrictions.

(2) Subject to the following provisions of this section, until an application for a patent is so published documents or information constituting or relating to the application shall not, without the consent of the applicant, be published or communicated to any person by the comptroller.

(3) Subsection (2) above shall not prevent the comptroller from—

(a) sending the European Patent Office information which it is his duty to send that office in accordance with any provision of the European Patent Convention;

[F1 (aa) sending any patent office outside the United Kingdom such information about unpublished applications for patents as that office requests;] or

(b) publishing or communicating to others any prescribed bibliographic information about an unpublished application for a patent;

nor shall that subsection prevent the Secretary of State from inspecting or authorising the inspection of an application for a patent or any connected documents under [F2 section 22(6) above].

[F3 (3A) Information may not be sent to a patent office in reliance on subsection (3)(aa) otherwise than in accordance with the working arrangements that the comptroller has made for that purpose with that office.

(3B) Those arrangements must include provision for ensuring that the confidentiality of information of the kind referred to in subsection (3)(aa) sent by the comptroller to the patent office in question is protected.]

[F4 (3C) The reference in subsection (3)(aa) to a patent office is to an organisation which carries out, in relation to patents, functions of the kind carried out at the Patent Office.]

(4) Where a person is notified that an application for a patent has been made, but not published in accordance with section 16 above, and that the applicant will, if the patent is granted, bring proceedings against that person in the event of his doing an act specified in the notification after the application is so published, that person may make a request under subsection (1) above, notwithstanding that the application has not been published, and that subsection shall apply accordingly.

(5) Where an application for a patent is filed, but not published, and a new application is filed in respect of any part of the subject-matter of the earlier application (either in accordance with rules or in pursuance of an order under section 8 above) and is published, any person may make a request under subsection (1) above relating to the earlier application and on payment of the prescribed fee the comptroller shall give him such information and permit him to inspect such documents as could have been given or inspected if the earlier application had been published.

Textual Amendments

F1 S. 118(3)(aa) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 18(1), 24(1); S.I. 2014/2330, art. 3, Sch. (with art. 7)

F2 Words substituted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 295, Sch. 5 para. 28

F3 S. 118(3A)(3B) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 18(2), 24(1); S.I. 2014/2330, art. 3, Sch. (with art. 7)

F4 S. 118(3C) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 18(3), 24(1); S.I. 2014/2330, art. 3, Sch. (with art. 7)