Intellectual Property - Patents - Test for Obviousness - Inventive Step Response
The consultation looked at the wider significance of the 'Inventive Step' and whether there was any need for change. It also considered the possibilities of refining the 'Inventive Step' test under UK and European law.
According to the Patent Office, there is considerable international debate concerning the level of invention required to justify the grant of a patent and a widespread view that perhaps some patents are being granted where there is little invention and that this impedes follow-through innovation. The recent Gowers Report touched upon this issue and referred to the consultation, stating that "it is important that the inventive step is set at the correct level". Examination for inventive step (also called "obviousness") has been a feature of UK patent law since the introduction of the Patents Act 1977 and the consultation sought comments on the level at which that step should be set, how to apply the law and how that application compares with other Intellectual Property Offices internationally.
The Patent Office has published the outcome of its Inventive Step Consultation. In its press release Sean Dennehey, Director of Patents, said:
'…We wanted to go on the front foot in response to the international debate about whether the inventive step hurdle for getting a patent was too low and leading to so-called trivial patents. We are pleased that the consultation has confirmed both that there is no need for any change to the basic law as it relates to inventive step, and that our application of the law is appropriate. However, we recognise that in the face of changing technology we need to keep our practice under review to ensure we keep pace with the technological environment in which inventions are made.'
There were 26 responses to the consultation, from representative trade bodies and professional associations, individuals and firms. For a copy of the Response see: http://www.patent.gov.uk/response-inventive.pdf
If you require further information contact us at enquiries@rtcoopers.com
Visit http://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php
© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Related Tags: patent law, patent infringement, patent lawyers, patent solicitors, patent licensing, patent search
Intellectual property law firm advising on patents, Patent attorneys, Patent Lawyers, Copyright, designs, Copyright law, know-how, Patent Licensing, Patent Infringement, trade marks, trademarks, trademark searches, trademark infringement, Intellectual Property Law, IP lawyers, IP solicitors, copyright lawyers, IP lawyers, IP law Firm, IP valuations IP solicitors freedom to operate copyright lawyers, patent solicitors, branding, intellectual property lawyers, intellectual property solicitors, IP law firm, solicitors in Docklands, solicitors in Wapping, pharmaceutical lawyers, regulatory lawyers, regulatory solicitors, pharmaceutical solicitors
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- A Palm Springs, San Diego & Orange County Law Firm Looks at the Worldwide Patenting System and It's Harmful Effect on Medical & Biotechnology Research
If you are employed as a scientist or as a company do research anywhere in California, including ci - Palm Springs, Irvine and Vista California Patent Lawyers - Making Sense of Patents and Encouraging Inventors
As the senior partner of a law firm that applies for patents on behalf of our clients in Southern C - Indian Wells, Newport Beach & Buena Park California Business Attorney Advice of How to Making Money in This Tough Economy - Patents
The question being asked by people in these difficult economic times for small business owners is h - Intellectual Property, Patent Law, Patent Infringement Invalidity Regulatory Law Pharmaceutical
In the case of Les Laboratoires Servier and Another v KRKA Polska SP.ZO.O. and Another [2006], the c - Intellectual Property Law - EU - Commercial Litigation - Patent Infringement in the UK by Defendant
The case of Celem SA and Another v Alcon Electronics PVT Ltd [2006] concerned jurisdictional issues - Why A Patent Lawyer Can Be An Inventor's Best Friend
Some may think that brilliant men like Thomas Edison and Nicolai Tesla are rare these days but I kno - Theory into Action - Calculating Damages Payments and Accounts of Profits in Patent Cases
It is all well and good to be encouraged to apply and obtain for patent protection. The main remedie - How To File A Patent Application
Increasing instances of counterfeiting and introduction & marketing of goods or concepts with minor - Protecting Your New Invention
O.K. so you have an Idea for an invention. This invention could be big or small. Your invention ma
Most viewed articles in this category:
- How To File A Patent Application
Increasing instances of counterfeiting and introduction & marketing of goods or concepts with minor - Protecting Your New Invention
O.K. so you have an Idea for an invention. This invention could be big or small. Your invention ma - Why A Patent Lawyer Can Be An Inventor's Best Friend
Some may think that brilliant men like Thomas Edison and Nicolai Tesla are rare these days but I kno - Theory into Action - Calculating Damages Payments and Accounts of Profits in Patent Cases
It is all well and good to be encouraged to apply and obtain for patent protection. The main remedie - Intellectual Property Law - EU - Commercial Litigation - Patent Infringement in the UK by Defendant
The case of Celem SA and Another v Alcon Electronics PVT Ltd [2006] concerned jurisdictional issues - Intellectual Property, Patent Law, Patent Infringement Invalidity Regulatory Law Pharmaceutical
In the case of Les Laboratoires Servier and Another v KRKA Polska SP.ZO.O. and Another [2006], the c - Palm Springs, Irvine and Vista California Patent Lawyers - Making Sense of Patents and Encouraging Inventors
As the senior partner of a law firm that applies for patents on behalf of our clients in Southern C - Indian Wells, Newport Beach & Buena Park California Business Attorney Advice of How to Making Money in This Tough Economy - Patents
The question being asked by people in these difficult economic times for small business owners is h - A Palm Springs, San Diego & Orange County Law Firm Looks at the Worldwide Patenting System and It's Harmful Effect on Medical & Biotechnology Research
If you are employed as a scientist or as a company do research anywhere in California, including ci