The Patents Act 1977 (as amended)

Schedule 4 (section 127): Transitional provisions; Licences of right and compulsory licences

Licences of right and compulsory licences

8.-(1) Sections 35 to 41 and 43 to 45 of the 1949 Act shall continue to apply on and after the relevant day -

(a) to any endorsement or order made or licence granted under sections 35 to 41 which is in force immediately before that day; and

(b) to any application made before that day under sections 35 to 41.

(2) Any appeal from a decision or order of the comptroller instituted under sections 35 to 41 or 43 to 45 on or after the relevant day (and any further appeal) shall be prosecuted under the old law, but as if references in the 1949 Act and rules made under it to the Appeal Tribunal were references to the Patents Court.

(3) In this paragraph “the relevant day” means, in relation to section 41, the date of the passing of this Act and, in relation to sections 35 to 40 and 43 to 45, the appointed day.