Patents Act 1994 · 2020 Revised Edition · Part 8 · Property in Patents and Applications for Patents and Registration
43. Effect of registration, etc., on rights in patents
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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 is 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 —
the earlier transaction, instrument or event was not registered;
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 Registrar; and
in any case, the person claiming under the later transaction, instrument or event did not know of the earlier transaction, instrument or event.
Subsection (1) applies 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.
right
“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
This section applies to the following transactions, instruments and events:
the assignment of a patent or application for a patent, or a right in it;
the mortgage of, or grant of any other security interest in, a patent or application;
the grant or assignment of a licence or sub-licence, or mortgage of, or grant of any other security interest in, a licence or sub-licence, under a patent or application;
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
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; or
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.
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), registration of the application is treated as registration of the transaction, instrument or event.
Provision may be made by rules as to the amendment, alteration or removal from the register of any particulars in the register relating to any transaction, instrument or event referred to in subsection (3).
register
“register”, when used as a noun, means the register of patents maintained under section 42 and, when used as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, when used in relation to a person, means to enter the person’s name in the register;