Section 7

Right to apply for and obtain a patent

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7.-(1) Any person may make an application for a patent either alone or jointly with another.

(2) A patent for an invention may be granted -

  • (a) primarily to the inventor or joint inventors;
  • (b) in preference to the foregoing, to any person or persons who, by virtue of any enactment or rule of law, or any foreign law or treaty or international convention, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of the making of the invention entitled to the whole of the property in it (other than equitable interests) in the United Kingdom;
  • (c) in any event, to the successor or successors in title of any person or persons mentioned in paragraph (a) or (b) above or any person so mentioned and the successor or successors in title of another person so mentioned; and to no other person.

(3) In this Act "inventor" in relation to an invention means the actual deviser of the invention and "joint inventor" shall be construed accordingly. [s130(1): definitions]

Except so far as the contrary is established, a person who makes an application for a patent shall be taken to be the person who is entitled under subsection (2) above to be granted a patent and two or more persons who make such an application jointly shall be taken to be the persons so entitled.

Notes:
Non-inventor applicant must file Patents Form 7
Personal representative may be granted patent if applicant dies
Applicant is prima facie presumed to be entitled. Disputes settled post-grant as per s72(2) (revocation) or s37(4) (entitlement)

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