The following IP Q&A Produced in partnership with Joshua Marshall of Fieldfisher provides comprehensive and up to date legal information covering:
A patent or patent application is personal property that can be assigned (section 30(1) and (2) of the Patents Act 1977 (PA 1977)). In order to be effective, any assignment of patents or patent applications must be in writing and signed on behalf of the assignor (PA 1977, s 30(6)).
It is possible to retroactively assign a granted patent by, for example, entering an assignment agreement on 19 January 2018 under which the effective date from which the patent is deemed to have been assigned is 1 January 2018. As patents are personal property, a validly executed retroactive patent assignment should be effective as between the parties, but it appears that it is not effective against third parties.
In Effective dates: Roughton, Johnson and Cook: The Modern Law of Patents [10.31], it states:
‘Where the assignment of a patent is retrospective, so an agreement signed today is stated to assign the patent last week, this will only be effective between the parties and not against the world at large (and particularly not against the EPO)’, see para 3.5 of T 656/98
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.