Patents Act 1977

103 Extension of privilege for communications with solicitors relating to patent proceedings. E+W+N.I.

(1) It is hereby declared that the rule of law which confers privilege from disclosure in legal proceedings in respect of communications made with a solicitor or a person acting on his behalf, or in relation to information obtained or supplied for submission to a solicitor or a person acting on his behalf, for the purpose of any pending or contemplated proceedings before a court in the United Kingdom extends to such communications so made for the purpose of any pending or contemplated—

(a) proceedings before the comptroller under this Act or any of the relevant conventions, or

(b) proceedings before the relevant convention court under any of those conventions.

(2) In this section—

• “legal proceedings” includes proceedings before the comptroller;

• the references to legal proceedings and pending or contemplated proceedings include references to applications for a patent or a European patent and to international applications for a patent; and

• “the relevant conventions” means the European Patent Convention, F1 ... and the Patent Co-operation Treaty.

(3) This section shall not extend to Scotland.

Extent Information

E1 S. 103 does not extend to Scotland, the Channel Islands nor the Colonies.

Textual Amendments

F1 Words in s. 103(2) repealed (1.1.2005) by Patents Act 2004 (c. 16), s. 17(1), Sch. 2 para. 22, Sch. 3; S.I. 2004/3205, art. 2(g)(k) (with art. 9)

Modifications etc. (not altering text)

C1 S. 103 amended (E.W.) (1.1.1992) by S.I. 1991/2684, arts. 2, 4, 5, Sch.1.

C2 S. 103 applied (with modifications) (E.W.S.) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), art. 1(2), Sch. 2