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Other Ip Rights Notes

LPC Law Notes > Commercial and IP Notes

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A more recent version of these Other Ip Rights notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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Elective: Commercial & IP Law

Intellectual Property Rights Other IP Rights Patents:

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Protects new inventions / how things work / industrially applicable processes and devices Confers the benefit of monopoly right over that invention - to the proprietor Obtained through registration Lasts for 20 years from application - gives the inventors a chance to make money and recoup their expenditure. Others should be able to learn from inventions and after 20 years the invention will be available for anyone's use. Patent Act 1977

Obtain a patent: Apply to:

UK Patent Office [UKPO]; or EU Patent Office [EPC]

Cost

UK: Average PS2000 [cost of employing a Patent attorney]. Paper filing costs PS280. EU: Average PS3000

Timeline

? Application = 2-3 years to grant.

Initial protection before the patent is granted [but after application]

? Filing the application generates a "priority date". Infringement proceedings may be taken in respect of acts done after this date.
? Once a prototype is created - consider registering a trademark; UDR; RDR or use the law of secrecy.

Before the application:

? Early protection can be sought by inventor filing a description of the invention with the Patent Office stating that he has an intention to apply for a patent. [detailed specification, claim and abstract must be submitted within 12 months]
When ready, the application would proceed as normal but with the priority is granted from the initial date of filing [S.15 PA 1977]

Patent Specifications

? Sets out the detail of the invention - showing exactly how it works.
? Forms a hypothetical fence around the area which the inventor claims as his own.

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