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Authentic text of European patents and patent applications (section 121 of Principal Act).
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32.— Section 121 of the Principal Act is amended—
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(a) in subsection (4), by substituting “subsections (5) to (8) shall apply.” for “he shall have the same protection as if an order had been made under section 37(7).”,
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(b) by inserting the following subsections after subsection (4):
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“(5) The person referred to in subsection (4) shall have the right to continue to do the act concerned or, as the case may be, to do that act, notwithstanding the publication of the corrected translation and notwithstanding the grant of the patent.
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(6) Subsection (5) does not extend to granting a licence to any person to do an act referred to in subsection (4).
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(7) If the act referred to in subsection (4) was done, or the preparations were made to do it, in the course of a business, the person entitled to the right conferred by subsection (5) may—
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(a) authorise that act to be done by any partner of that person for the time being in that business, and
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(b) assign the right, or transmit that right on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or preparations had been made to do it.
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(8) Where a product is disposed of by any person to another person in exercise of a right conferred by subsection (5) or (7) that other person and any person claiming through that other person shall be entitled to deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent or the applicant, as the case may be.”.
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