The Patents Act 1977 (as amended)

Section 68: Effect on non-registration on infringement proceedings

Infringement.

Where by virtue of a transaction, instrument or event to which section 33 above applies a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is subsequently infringed, before the transaction, instrument or event is registered, in proceedings for such an infringement, the court or comptroller shall not award him costs or expenses unless -

  • (a) the transaction, instrument or event is registered within the period of six months beginning with its date; or

  • (b) the court or the comptroller is satisfied that it was not practicable to register the transaction, instrument or event before the end of that period and that it was registered as soon as practicable thereafter.