Patents are a vital part of the innovation ecosystem offering inventors a way to protect their creations and benefit from their ingenuity. In the United Kingdom, patent law is primarily governed by the Patents Act 1977 which outlines the rules for obtaining, maintaining and enforcing patents. This article provides an overview of Patent Law UK, designed for a general audience to understand the essentials of how patents work, what can be patented, how to apply, and how to enforce patent rights.
Step into the future of legal expertise! Join our Advanced Certification Program in Intellectual Property Law, created by The Legal School in collaboration with Khaitan & Co. Designed for fresh law graduates and professionals, this unique course boosts your legal career. Don’t miss this opportunity—enquire today to secure your spot!
What is a Patent?
A patent is a legal right granted by the UK Intellectual Property Office (UKIPO) that allows an inventor to prevent others from making, using, selling or importing their invention without permission. According to the UKIPO, a patent can last up to 20 years from the filing date, provided annual renewal fees are paid. This protection encourages innovation by ensuring inventors can profit from their work which might otherwise be copied freely. Patents are territorial, meaning a UK patent only applies within the UK, including England, Scotland, Wales and Northern Ireland.
Patents are crucial for fostering creativity and economic growth. They give inventors a temporary monopoly to commercialize their inventions which can range from new machines to innovative processes. Without this protection, the incentive to invest time and resources into developing new technologies could diminish.
What Can Be Patented?
Not every idea qualifies for a patent. The Patents Act 1977 sets out specific criteria that an invention must meet to be patentable:
Novelty: The invention must be new, meaning it has not been disclosed publicly anywhere in the world before the patent application is filed. This includes publications, public demonstrations or prior use.
Inventive Step: The invention must not be obvious to someone skilled in the relevant field. It should demonstrate a creative leap beyond what is already known.
Industrial Applicability: The invention must be capable of being made or used in some form of industry, ensuring it has practical utility.
However, certain things are explicitly excluded from patentability under the Act:
Literary, dramatic, musical, or artistic works (covered by copyright).
Scientific discoveries, mathematical methods, or theories.
Schemes, rules, or methods for performing mental acts, playing games, or doing business.
Presentations of information.
Methods for medical treatment or diagnosis performed on humans or animals (though products used in these methods can be patented).
Plant or animal varieties, or essentially biological processes for producing them (though microbiological processes and products may be patentable).
Software without a technical effect, such as a program for a business method or game.
Interestingly, software with a technical purpose, like controlling a driverless car, can be patented, whereas a chess-playing app typically cannot. These distinctions can be complex, and professional advice from a patent attorney is often recommended to navigate them.
Criteria | Description |
Novelty | Must not have been publicly disclosed anywhere in the world before filing. |
Inventive Step | Must not be obvious to someone skilled in the field. |
Industrial Applicability | Must be capable of being made or used in industry. |
Exclusions | Artistic works, scientific theories, business methods, medical treatments, etc. |
Learn about Software Patents in India.
How to Apply for a Patent in UK
Applying for a patent in the UK is a process which often requires professional assistance due to its complexity. The process is managed by the UKIPO and it involves several steps:
Prepare the Application: You must create a patent specification, a detailed document describing the invention, how it works, and what makes it new and inventive. The application includes: A request for a patent, a description of the invention, drawings, if necessary, claims defining the scope of protection, an abstract summarizing the invention and information about the applicant and inventor.
File the Application: Submit the application to the UKIPO. You can also file through the European Patent Office (EPO) for broader European protection, including the UK, under the European Patent Convention (EPC).
Filing Date: Upon submission, you receive a filing date, which establishes priority over other similar inventions filed later.
Publication: After 18 months, the application is published which makes the details of the invention public.
Examination: You can request a substantive examination, where the UKIPO assesses whether the invention meets patentability criteria. This may involve addressing objections or amending the application.
Grant: If approved, the patent is granted, giving you exclusive rights.
The process can take several years, often up to four and a half years, though it can sometimes be accelerated. Costs start at approximately £310 for filing and processing, but with legal assistance, expenses can reach several thousand pounds. For international protection, the Patent Cooperation Treaty (PCT) allows a single application to be filed, which can later be converted into national patents in over 150 countries.
Step | Description |
Prepare Application | Detailed description, claims, drawings, abstract, and applicant details. |
File Application | Submit to UKIPO or EPO; establishes filing date. |
Publication | Application published after 18 months, making details public. |
Examination | UKIPO assesses patentability; may require amendments. |
Grant | Patent granted if criteria are met, conferring exclusive rights. |
Dive into Best IPR Law Firms in India.
Rights and Obligations of Patent Holders
Once a patent is granted, the holder gains exclusive rights in order to make, use, sell or import the invention in the UK. This means others cannot do so without permission, allowing the patent holder to license or sell the patent for profit.
However, these rights come with responsibilities:
Renewal Fees: Annual fees must be paid to maintain the patent. Failure to pay results in the patent lapsing, making the invention public domain.
Non-Infringement: A patent does not guarantee the right to use the invention if it infringes on another’s patent. The holder must ensure their invention is clear of existing patents.
Truthfulness: Providing false information in the application can lead to the patent being revoked.
These obligations ensure the patent system remains fair and functional.
Enforcing Your Patent
If someone uses your patented invention without permission, you can enforce your rights through legal action in the Patents County Court or the High Court and get the remedies which include:
Injunction: A court order to stop the infringer from continuing to use the invention.
Damages: Compensation for financial losses caused by the infringement.
Legal Costs: Partial recovery of legal expenses, though full costs are rarely covered.
Legal action can only be taken after the patent is granted, not during the application process. However, damages may be back Ascertainable from the publication date if the patent is granted with similar claims. Patent litigation is costly, often running into hundreds of thousands of pounds, so many disputes are settled out of court through negotiations such as licensing agreements or withdrawal by the infringer.
Summary
Patent law UK provides a robust framework for protecting inventions, encouraging innovation and supporting economic growth. By meeting the criteria of novelty, inventiveness and industrial applicability, inventors can secure exclusive rights to their creations for up to 20 years. The application process while complex and potentially costly, is a critical step for safeguarding intellectual property. Enforcement through the courts ensures protection against infringement, though many disputes are resolved amicably. The UK’s continued participation in the European Patent Convention, despite its withdrawal from the Unified Patent Court, maintains its role in the global patent landscape. Understanding and navigating this system often with professional guidance is essential to maximizing the benefits of their innovations.
Related Posts
Patent Law UK: FAQs
Q1. What is the patent law in the UK?
Patent law in the UK is governed by the Patents Act 1977, which aligns with European Patent Convention standards, which protects inventions for up to 20 years.
Q2. What cannot be patented in the UK?
Non-patentable subject matter includes discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules, methods for performing mental acts, playing games, doing business, computer programs (as such), and anything contrary to public policy or morality.
Q3. What are the 5 requirements for a patent?
A UK patent requires: (1) novelty (new invention), (2) inventive step (non-obvious to experts), (3) industrial applicability, (4) patentable subject matter (not excluded), and (5) sufficient disclosure to enable a skilled person to replicate it.
Q4. What is Rule 7 of the UK Patent Rules?
Rule 7 of the Patents Rules 2007 specifies requirements for filing a patent application, including the need for a request for grant, a description, claims, an abstract, and any drawings, ensuring compliance with formalities.
Q5. Who owns a patent in the UK?
The inventor or their employer typically owns a UK patent, with ownership determined by employment contracts or agreements; if invented during employment, the employer often holds the rights unless otherwise specified.
