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Patents Act 1977
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Patents Act 1977, Section 31 is up to date with all changes known to be in force on or before 02 December 2024. 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.
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Changes and effects yet to be applied to Section 31:
- s. 56(4)(a)(iiia) and word added by S.I. 2006/1056 Sch. para. 2(b) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 56(4)(a)(iiia) and word added by S.I. 2006/1056 Sch. para. 2(b) (This amendment comes into force on the day on which 2005 asp 13, s. 20 comes into force, see art. 1(2)(b))
31 Nature of, and transactions in, patents and applications for patents in Scotland.S
(1)Section 30 above shall not extend to Scotland, but instead the following provisions of this section shall apply there.
(2)Any patent or application for a patent, and any right in or under any patent or any such application, is incorporeal moveable property, and the provisions of the following sub-sections and of section 36(3) below shall apply to any grant of licences, assignations and securities in relation to such property.
(3)Any patent or any such application, or any right in it, may be assigned and security may be granted over a patent or any such application or right.
(4)A licence may be granted, under any patent or any application for a patent, for working the invention which is the subject of the patent or the application.
(5)To the extent that any licence granted under subsection (4) above so provides, a sub-licence may be granted under any such licence and any such licence or sub-licence may be assigned and security may be granted over it.
(6)Any assignation or grant of security under this section may be carried out only by writing [F1subscribed in accordance with the Requirements of Writing (Scotland) Act 1995.]
(7)An assignation of a patent or application for a patent or a share in it, and an exclusive licence granted under any patent or any such application, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings by virtue of section 61 or 69 below for a previous infringement or to bring proceedings under section 58 below for a previous act.
Textual Amendments
F1Words in s. 31(6) substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 49 (with ss. 9(3)(5)(7), 13, 14(3))
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