Section 36 — PATENTS ACT 1983

(a)

to exploit the patented invention;

(b)

to assign or transmit the patent;

(c)

to conclude licence contracts; and

(d)

to deal with the patent as the subject of a security interest.

(2)

No person shall do any of the acts referred to in subsection (1)

without the consent of the owner of the patent.

(3)

For the purposes of this Part, “exploitation” of a patented invention means any of the following acts in relation to a patent:

(a)

when the patent has been granted in respect of a product:

(i)

making, importing, offering for sale, selling or using the product;

(ii)

stocking such product for the purpose of offering for sale, selling or using;

(b)

when the patent has been granted in respect of a process:

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(i)

using the process;

(ii)

doing any of the acts referred to in paragraph (a), in respect of a product obtained directly by means of the process.

(4)

For the purposes of this section, if the patent has been granted in respect of a process for obtaining a product, the same product produced by a person other than the owner of the patent or his licensee shall, unless the contrary is proved, be taken in any proceedings to have been obtained by that process.

(5)

In proving to the contrary in any proceedings referred to in subsection (4), the person other than the owner of the patent or his licensee shall not be required to disclose any manufacturing or commercial secret if the court is satisfied that it is unreasonable or unnecessary to do so, or prejudicial to the manufacturing or commercial secret of that person.

Limitation of rights