Transferring patent rights
Transferring patent rights

The following IP practice note provides comprehensive and up to date legal information covering:

  • Transferring patent rights
  • Assignment
  • Why assign?
  • Formalities
  • Implied terms
  • Registration of an assignment
  • Rights of assignees in infringement actions
  • Key terms of an assignment
  • Licensing
  • Choosing to license
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.

The Patents Act 1977 (PA 1977) treats patents and patent applications as personal property rights. Rights in inventions, patents and patent applications can be transferred by various methods, including assignment or licensing; they can also be used as security to raise funds. Transfer of rights can take place at any stage from prior to the making of the invention to the expiry of the patent.

Any dealing with a patent should also take account of any non-patented know-how related to the invention, as there may

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