London Patent

Many countries have laws prohibiting nationals to apply for a patent in a different country in certain cases, before getting permission. US residents, for example, require that every patent will first filed in the US to obtain a foreign filing license.

In the UK, section 23 of the Patent Act states that if you are a UK resident and your application contains information about military technology, or could harm national security or public safety, you must either:

• apply first for the patent in the UK. You can apply abroad 6 weeks after your UK application date, as long as not have been told otherwise.
  or
• get permission from the UK IPO before you apply.

A permission should be requested from the Security Section, Room GR70 at the folloing address:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Phone: +44 (0)1633 813558
Fax: +44 (0)1633 814415

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Here, Hon. Justice Kitchin establishes that the test for acknowledging a priority claim is that the person claiming priority must be the same person who filed the priority application or his successor in title in the date of filing the application claiming the priority. Here is the relevant quote:

“In my judgment the effect of Article 4 of the Paris Convention and section 5 of the Act is clear. A person who files a patent application for an invention is afforded the privilege of claiming priority only if he himself filed the earlier application from which priority is claimed or if he is the successor in title to the person who filed that earlier application. If he is neither the person who filed the earlier application nor his successor in title then he is denied the privilege. Moreover, his position is not improved if he subsequently acquires title to the invention. It remains the case that he was not entitled to the privilege when he filed the later application and made his claim. Any other interpretation would introduce uncertainty and the risk of unfairness to third parties. In reaching this conclusion I derive a measure of comfort from the fact that the Board of Appeal of the EPO has adopted the same approach to the interpretation of Article 87 EPC in two cases: J 0019/87 and T 0062/05. “

The case was about an artificial heart valve rendered invalid as it was obvious in light of a few prior art references.

The priority application was a US provisional application.

admin UK Patent Court, patents

The UK Patent Court gives a few rulings every month. They are long and technical.

Starting next post, we will quote the important parts of the UK Patent Court decisions, to make it easier for the professional and unprofessional public to follow up. We will also be counting how many patents were held valid, how many cancelled, and how many cancelled in part.

admin UK Patent Court, patents

On Monday, June 29, 2009, a free IP awareness seminar will be held.

The seminar  is meant for anyone who wants to learn the benefits of Intellectual Property protection.

Free lunch will also be provided.

The venue:

Ramada Maidstone
Hollingbourne
Nr Maidstone
Kent
ME17 1RE

The speakers will be:

admin patents copyrights, patents, trademarks, UK IP Awareness

On 12 May 2009, a “Green Channel” for patent applications was introduced.

The “Green Channel” is a UK IPO service which allows applicants to request accelerated processing of their application if the invention relates to a ‘green’ or environmentally-friendly technology.

To enter the Green Channel, the applicant should make a written request,  indicating:

• that their application relates to a ‘green’ or environmentally-friendly technology and
• the actions they wish to accelerate: Search, Combined Search and Examination, Publication, and/or Examination.

That’s it. No further reasons will be required.

This service will apply to both new and existing applications.

admin patents accelerated examination uk, cleantech patents uk, cleantech uk

Here is another good reason to file a patent in the UK – it is one of the quickest jurisdictions.

If you choose to request a search together with filing the application you are expected to have a search report within 2-3 months. In the United States, it will take 2-3 years if you are lucky, in most fields.

Fast patent examination may be important for many reasons – you may want to have a good indication that it is more “safe” to go on with the project. You may want to show investors that the patent is “good” and has good chances to be allowed. You may want to accelerate corresponding applications (more on this issue – in another post). You may simply want a certificate of a granted patent on the wall.

In any case, the UK patent examination is expected to start faster than in more jurisdications.

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