This is an extract of our Rights Protecting Invention document, which we sell as part of our Commercial and IP Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Rights protecting invention - Patents What?
- Patent = inventor making bargain w/state making public disc in return for patent for a limited period of max of 20 yrs subject to renewal
- Monopoly right to use and exploit an invention which can be used industrially
- initial period of 4 yrd then renewable w/fee
- Generally 2 x types (1) product P - the invention relates to a new product or an improvement to a product (2) Process P - the invention relates to a new process of new way of carrying out a process
- Patents Act 1977 ('PA')
- Body = IPO
Stage 1 - Registrability Criteria s.1(1)
(1) Novelty s.2
Windsurfi ng Internatio nal
Anticipati on (aka enabling disc)
(1) (2) (3) (4)
S.1(1) lays out 4 x criteria: novelty Inventive step Capable of industrial application Not excluded by PA
- really looking whether client's invention is already out there
- Invention must be totally 'new' ie. Product or process must not already form part of state of the art known to public priory date of patent
- Priory date = generally date of filing of app s.5
- State of art: s.2(2) = 'all matter (whether product, process of info re either or anything else) which has, any time before the priority date of that invention, been made available to public (whether in UK or elsewhere) by written or oral description, by use or in any other way.'
- Eg. Publication of any kind, prior apps for Ps, use of invention in public
- 12 yr old boy built a homemade surfboard and used it in public for a few wknds
- P granted for a similar surfboard many yrs later [unrelated parties]
- Later P declared invalid because it was not 'novel' because boy had sailed his similar surfboard in public and therefore it formed part of the 'state of the art' before the P's priority date Disc destroys novelty if amounts to enabling disc = enough for someone skilled in the arts to be able to work out invention. Hypothetical test. Nb. Confidential discs don't destroy novelty
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