Patents Overview

¬†General Patent Rights are monopoly rights given by law to protect inventions. Patents offer significant protection against infringement. The patent must be registered. Patent protection lasts for up to 20 years. Renewal fees are payable after the fourth year. The monopoly period generally lasts 20 years. In order to obtain patent protection, details of the […]

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Patentability

Patent Protection Patents may be protected in United Kingdom by the grant of a UK patent by the United Kingdom Intellectual Property Office. They may be protected by the grant of a European patent in the European Patent Office. The Patents Act together with the patent rules and manual of practice governing the application of […]

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Patent Application

Application for Patent An application for a patent can be made to the Intellectual Property Office (UK) of the European Patent Office. A patent application can be made by any individual or corporate entity. Patent applications are generally dealt with by specialist patent attorneys. Patents generally cover products or processes. See the separate article in […]

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Exclusions

Non-patentability Certain broad categories of things that might otherwise be the subject of an invention are excluded from patentability. this includes schemes rules and methods for doing business a computer program a scientific theory or mathematical method a literary dramatic musical or artistic work or any other aesthetic creation whatsoever a scheme rule or method […]

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Infringement & Defences

A person infringes a patent for an invention if in the United Kingdom a filed a patent is in force and he, without the consent of the proprietor, makes, disposes of, offers to dispose of, uses import or keeps an unpatented product.   Where the invention is a process, there is infringement if a person […]

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Remedies

General The court action for infringement may be brought in the courts of the country where it is registered. In England and Wales, it is brought in the Patents Court (a part of the Chancery Division) or the Intellectual Property Enterprise Court. There is a special pre-action protocol applicable in patent matters. There is usually […]

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EU & Patents

European Patents The European Union has been active in harmonizing intellectual property rights. It has provided for a Community Trademark and European Patent in tandem with national intellectual property rules. It has also provided for minimum protections in respect of certain aspects of intellectual property. It has also been at the forefront of extending intellectual […]

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