Patents Act 1949
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The Patents Act 1949 (12, 13 & 14 Geo. 6. c. 87) is an act of the Parliament of the United Kingdom that consolidated certain enactments relating to patents.[1]
Repealed enactments
Section 106 of the act repealed 11 enactments, listed in the second schedule to the act.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 7 Edw. 7. c. 29 | Patents and Designs Act 1907 | The whole act, except section forty-seven, subsections (1), (2) and (3) of section sixty-two, sections sixty-three and sixty-four, and except sections eighty-two, ninety-one and ninety-one A in their application to trade marks and except section eighty-eight in its application to any Order in Council made under section ninety-one A. |
| 9 & 10 Geo. 5. c. 80 | Patents and Designs Act 1919 | The whole act. |
| 18 & 19 Geo. 5. c. 3 | Patents and Designs (Convention) Act 1928 | The whole act, except section four. |
| 22 & 23 Geo. 5. c. 32 | Patents and Designs Act 1932 | The whole act, except so much of the Schedule as amends section ninety-one of the Patents and Designs Act 1907. |
| 1 & 2 Geo. 6. c. 29 | Patents, etc. (International Conventions) Act 1938 | The whole act, except sections eight, nine and ten, subsection (6) of section twelve and so much of the Schedule as amends section ninety-one of the Patents and Designs Act 1907. |
| 2 & 3 Geo. 6. c. 32 | Patents and Designs (Limits of Time) Act 1939 | The whole act, except section four. |
| 5 & 6 Geo. 6. c. 6 | Patents and Designs Act 1942 | The whole act. |
| 9 & 10 Geo. 6. c. 26 | Emergency Laws (Transitional Provisions) Act 1946 | Section seven. |
| 9 & 10 Geo. 6. c. 44 | Patents and Designs Act 1946 | Sections one, two, three and five, subsection (3) of section six, subsection (2) of section seven and subsection (4) of section eight. |
| 11 & 12 Geo. 6. c. 10 | Emergency Laws (Miscellaneous Provisions) Act 1947 | In section five, paragraph (b) of subsection (2) and subsection (3). |
| 12 & 13 Geo. 6. c. 62 | Patents and Designs Act 1949 | The whole act, except section forty-nine and so much of the First Schedule as amends sections eighty-two, eighty-eight and ninety-one A of the Patents and Designs Act 1907. |
Subsequent developments
The Patents Act 1977 substantially superseded the 1949 Act by introducing a new patent regime for patents applied for from the appointed day. Section 127 of, and schedule 3 to, the 1977 act repealed six provisions of the 1949 act—sections 14, 32(3), 41, 42, 71 and 72—which had no equivalents in the new law. The remaining provisions of the 1949 act were preserved by schedule 1 to the 1977 act, which continued to apply them to existing patents and applications made before the appointed day.[3]