Patent
- Tags
- law
[see page 5, patents] incentivises innovation and last 20 years from the date of application acceptance.
In the UK, we can [see page 6, get] a patent by:
- A European patent, valid throughout all EPC member states
- A Patent cooperation treaty through (WIPO). Supports multiple jurisdictions through a single application.
- A UK Patent. Only enforceable within the UK (this is the cheapest option).
A [see page 7, patent] can be given to a inventor, contrated party or employer.
When accepting a patent, the court must put themselves in the shoes of a [see page 8, person skilled in the art] to check whether there's an appropriate level of detail in the application.
Application
For a patent to be accepted, it must contain enough information that any person [see page 9, skilled in the art] could reproduce the invention. The patent must also specify the desired duration and must relate to one or more invetions involved in an inivative concept.
Patents run on a First to file system. The first individual to file a patent is guaranteed to get it before any other applications. This system applies even to other countries. Applying in the UK means you also take precedence over any later applicants in France.
[see page 17, After] all of this the patent is then searched against existing patents and then published. Any opponents can raises issues with the patent here and the applicant has the opportunity to amend the patent.
Infringement
Claimant must show:
- An infringment happened in the UK
- The infringement falls within the scope of protections of the patent.
Scope of protection is judged using literal interpretation. Use the exact meaning. An alternative is the purposive interpretation, which uses the (expected) intention behind the terms, not the terms themselves.
Degrees
There are 2 [see page 19, degrees] of infringement:
| Term | Meaning |
|---|---|
| Direct | Patent is applied in products or processes. |
| Indirect | Assisting a direct infringer with the means to for putting the invention into effect. |
[see page 20, Defences]
- Consent
- Patent wrongly granted
- Deny infringement within scope of claims
- Patent not inforced (renewal not paid)
- Infringment was only for private use
See also: [see page 22, remedies] for an infringement.
Compulsory Licensing
Allows the third-party/the-crown to [see page 21, compel] you to let them license your patent. They pay you and you let them use your patent. This can be used in the medical industry to force companies to sell lifesaving drugs at affordable prices.
Note: once a patented product approves of a product using their patent and it goes to market, the owner has no-control over its distribution. They can prevent its duplication.