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COUNTRY : UNITED KINGDOM OF GREAT BRITAIN & NORTHERN IRELAND
CAPITAL : LONDON
LANGUAGE : ENGLISH
Protection to Inventions is provided at a two tier level in United Kingdom:
- THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
- THROUGH EUROPEAN PATENT CONVENTION.
Kindly refer our guide on the European Patent Convention procedures.
INTERNATIONAL TREATIES TO WHICH UNITED KINGDOM IS SIGNATORY
(i) Paris Convention for the protection of industrial property (
ii) Patent Co-operation Treaty “PCT”.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
(iv) European Patent Commission
PATENT LEGISLATION IN UNITED KINGDOM:
PATENT LEGISLATION IN THE UK:
Patents in the United Kingdom are governed by:
- The Patents Act 1977
- The Patent Rules 2007 as amended by the Patents (Amendment) Rules 2006.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN UNITED KINGDOM:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for “a man skilled in the art it does not yield results in an obvious way from the state of the art”.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”
INVENTIONS NOT PATENTABLE IN UNITED KINGDOM:
- Inventions primarily intended to be against public law and morality such as equipment to produce counterfeit currency.
- Mere discovery of a scientific principle or formulation of an abstract theory.
- Methods of treatment or diagnosis.
- Aesthetic creations.
- Methods of performing mental acts or playing games, doing business, computer programmes.
PartityPatents Law Firms through its associates in United Kingdom is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN UNITED KINGDOM:
(i). Full name, Surname, Postcode of the applicants.
(ii). Addresses of the applicants.
(iii). Priority data if any.
(iv). Complete specification in English along with translated copy if applicable.
(v). Set of claims.
(vi). Drawings if any.
(viii). Statement of Inventor ship.
EXAMINATION OF THE PATENT APPLICATION IN UNITED KINGDOM:
- Upon receipt, the patent application is examined for compliance requirements.
- Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned.
- Search report is drawn up and patent application is published to which interested parties may file opposition.
- Patent application is substantively examined.
- In the event no objections / opposition forthcoming, application is registered and patent granted.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in the United Kingdom are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN UNITED KINGDOM:
Term of the patent granted lasts for 20 yrs. from the date of filing of the application.
Rights: As concerns both patented products as well as processes, the patentee shall have the exclusive right to:
- License it
- Mortgage it
- Market it
- Take action against infringements
- To ensure that a product is not marked as though a patent has been applied for it, if it has not been applied for.
- Mark an unpatented product as patented if it is not.The above precautionary methods are to be strictly followed, failing which is a criminal offence.
COMPULSORY LICENCES OF PATENTS IN UNITED KINGDOM:
At any time after the expiry of 3 years from the grant of a patent, whenever it is found that:
- The monopoly conferred by the patent in question is operating against public interest, applications may be made to the authorities to order the grant of a licence under a patent.
- The patented inventions is not fulfilling demands of the domestic market on reasonable terms.
- In the case of dependent patents.
- Patentee is imposing unfair conditions to the grant of licence to interested applications wishing to work the patent.
- Patentee indulging in unfair practices and anti-competitive activities.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in the United Kingdom, can assist you comprehensively with Compulsory Licence matters.