Change 1 Article Choose an article Title and introductory text 1 Patentable inventions. 2 Novelty. 3 Inventive step. 4 Industrial application. 4A Methods of treatment or diagnosis 5 Priority date. 6 Disclosure of matter, etc., between earlier and later applications. 7 Right to apply for and obtain a patent. 8 Determination before grant of questions about entitlement to patents, etc. 9 Determination after grant of questions referred before grant. 10 Handling of application by joint applicants. 11 Effect of transfer of application under s. 8 or 10. 12 Determination of questions about entitlement to foreign and convention patents, etc. 13 Mention of inventor. 14 Making of application. 15 Date of filing application. 15A Preliminary examination 16 Publication of application. 17 Search. 18 Substantive examination and grant or refusal of patent. 19 General power to amend application before grant. 20 Failure of application. 20A Reinstatement of applications 20B Effect of reinstatement under section 20A 21 Observations by third party on patentability. 22 Information prejudicial to national security or safety of public. 23 Restrictions on applications abroad by United Kingdom residents. 24 Publication and certificate of grant. 25 Term of patent. 26 Patent not to be impugned for lack of unity. 27 General power to amend specification after grant. 28 Restoration of lapsed patents. 28A Effect of order for restoration of patent. 29 Surrender of patents. 30 Nature of, and transactions in, patents and applications for patents. 31 Nature of, and transactions in, patents and applications for patents in Scotland. 32 Register of patents etc. 33 Effect of registration, etc., on rights in patents. 34 Rectification of register. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Co-ownership of patents and applications for patents. 37 Determination of right to patent after grant. 38 Effect of transfer of patent under s. 37. 39 Right to employees’ inventions. 40 Compensation of employees for certain inventions. 41 Amount of compensation. 42 Enforceability of contracts relating to employees’ inventions. 43 Supplementary. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Determination of parts of certain contracts. 46 Patentee’s application for entry in register that licences are available as of right. 47 Cancellation of entry made under s. 46. 48 Compulsory licences: general. 48A Compulsory licences: WTO proprietors. 48B Compulsory licences: other cases. 49 Provisions about licences under s. 48. 50 Exercise of powers on applications under s. 48. 50A Powers exercisable following merger and market investigations 51 Powers exercisable in consequence of report of Competition and Markets Authority. 52 Opposition, appeal and arbitration. 53 Compulsory licences; supplementary provisions. 54 Special provisions where patented invention is being worked abroad. 55 Use of patented inventions for services of the Crown. 56 Interpretation, etc., of provisions about Crown use. 57 Rights of third parties in respect of Crown use. 57A Compensation for loss of profit. 58 References of disputes as to Crown use. 59 Special provisions as to Crown use during emergency. 60 Meaning of infringement. 61 Proceedings for infringement of patent. 62 Restrictions on recovery of damages for infringement. 63 Relief for infringement of partially valid patent. 64 Right to continue use begun before priority date. 65 Certificate of contested validity of patent. 66 Proceedings for infringement by a co-owner. 67 Proceedings for infringement by exclusive licensee. 68 Effect of non-registration on infringement proceedings. 69 Infringement of rights conferred by publication of application. 70 Threats of infringement proceedings 70A Actionable threats 70B Permitted communications 70C Remedies and defences 70D Professional advisers 70E Supplementary: pending registration 70F Supplementary: proceedings for delivery up etc. 71 Declaration or declarator as to non-infringement 72 Power to revoke patents on application. 73 Comptroller’s power to revoke patents on his own initiative. 74 Proceedings in which validity of patent may be put in issue. 74A Opinions on matters prescribed in the rules 74B Reviews of opinions under section 74A 75 Amendment of patent in infringement or revocation proceedings. 76 Amendments of applications and patents not to include added matter. 76A Biotechnological inventions 77 Effect of European patent (UK). 78 Effect of filing an application for a European patent (UK). 79 Operation of s. 78 in relation to certain European patent applications. 80 Authentic text of European patents and patent applications. 81 Conversion of European patent applications. 82 Jurisdiction to determine questions as to right to a patent. 83 Effect of patent decisions of competent authorities of other states. 83A European patent with unitary effect and Unified Patent Court 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88A Implementation of Agreement on a Unified Patent Court 88B Designation as international organisation of which UK is member 89 Effect of international application for patent. 89A International and national phases of application. 89B Adaptation of provisions in relation to international application. 90 Orders in Council as to convention countries. 91 Evidence of conventions and instruments under conventions. 92 Obtaining evidence for proceedings under the European Patent Convention. 93 Enforcement of orders for costs. 94 Communication of information to the European Patent Office, etc. 95 Financial provisions. 96 The Patents Court. 97 Appeals from the comptroller. 98 Proceedings in Scotland. 99 General powers of the court. 99A Power of Patents Court to order report. 99B Power of Court of Session to order report. 100 Burden of proof in certain cases. 101 Exercise of comptroller’s discretionary powers. 102 Right of audience, &c. in proceedings before comptroller. 102A Right of audience, &c. in proceedings on appeal from the comptroller. 103 Extension of privilege for communications with solicitors relating to patent proceedings. 104 Privilege for communications with patent agents relating to patent proceedings. 105 Extension of privilege in Scotland for communications relating to patent proceedings. 106 Costs and expenses in proceedings before the Court .... 107 Costs and expenses in proceedings before the comptroller. 108 Licences granted by order of comptroller. 109 Falsification of register etc. 110 Unauthorised claim of patent rights. 111 Unauthorised claim that patent has been applied for. 112 Misuse of title “Patent Office”. 113 Offences by corporations. 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Immunity of department as regards official acts. 117 Correction of errors in patents and applications. 117A Effect of resuscitating a withdrawn application under section 117 117B Extension of time limits specified by comptroller 118 Information about patent applications and patents, and inspection of documents. 118A Copyright in documents made available electronically for inspection under section 118(1) 119 Service by post. 120 Hours of business and excluded days. 121 Comptroller’s annual report. 122 Crown’s right to sell forfeited articles. 123 Rules. 124 Rules, regulations and orders; supplementary. 124A Use of electronic communications 125 Extent of invention. 125A Disclosure of invention by specification: availablity of samples of biological material. 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Existing patents and applications. 128 Priorities between patents and applications under 1949 Act and this Act. 128A Compulsory pharmaceutical licences 128B Supplementary protection certificates 129 Application of Act to Crown. 130 Interpretation. 131 Northern Ireland. 131A Scotland 132 Short title, extent, commencement, consequential amendments and repeals. SCHEDULE A1 DEROGATION FROM PATENT PROTECTION IN RESPECT OF BIOTECHNOLOGICAL INVENTIONS SCHEDULE A2 BIOTECHNOLOGICAL INVENTIONS SCHEDULE A3 EUROPEAN PATENT WITH UNITARY EFFECT SCHEDULE A4 THE UNIFIED PATENT COURT SCHEDULE 1 Application of 1949 Act to existing patents and applications SCHEDULE 2 Application of this Act to Existing Patents and Applications SCHEDULE 3 REPEALS OF PROVISIONS OF 1949 ACT SCHEDULE 4 Transitional Provisions SCHEDULE 4A SUPPLEMENTARY PROTECTION CERTIFICATES SCHEDULE 5 CONSEQUENTIAL AMENDMENTS SCHEDULE 6 ENACTMENTS REPEALED
What to do with it
As published
100 Burden of proof in certain cases.
(1) If the invention for which a patent is granted is a process for obtaining a new product, the same product produced by a person other than the proprietor of the patent or a licensee of his shall, unless the contrary is proved, be taken in any proceedings to have been obtained by that process.
(2) In considering whether a party has discharged the burden imposed upon him by this section, the court shall not require him to disclose any manufacturing or commercial secrets if it appears to the court that it would be unreasonable to do so.
Your wording
Your change, as a redline
100 Burden of proof in certain cases.
(1) If the invention for which a patent is granted is a process for obtaining a new product, the same product produced by a person other than the proprietor of the patent or a licensee of his shall, unless the contrary is proved, be taken in any proceedings to have been obtained by that process.
(2) In considering whether a party has discharged the burden imposed upon him by this section, the court shall not require him to disclose any manufacturing or commercial secrets if it appears to the court that it would be unreasonable to do so.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.