Requirements For Patent Protection In The Uk

There are a number of points which must be considered before applying for a patent for a product or process within the UK

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The following must be ascertained:

1. Whether the invention is functional or technical.

2. Whether the invention is Original. The invention must not have been publicised or made available to the public in any way, anywhere in the world before a patent has been applied for. Publication excludes discussions with patent agents, solicitors or employees at the UK Intellectual Property Office. These dealings are deemed private and therefore will not make the invention public.

3. Whether the invention relates to how something works, what it is made of, what it does, or how it is made.

4. Whether or not there has been any kind of an inventive step.

5. Whether or not the invention has any kind of an industrial use.

6. Whether the invention is capable of being made or used in an industry. It must work in a way which meets established physical laws.

7. Whether or not the invention would be obvious to a person with a good knowledge of the subject.

If the answers to all of the above questions are positive, it is possible that a patent may be secured for the invention.

A patent cannot be obtained for certain things such as scientific or mathematical discoveries, theories or methods. Also there is no patent protection for copyright works such as literary, dramatic, musical or artistic works.

There is no protection for playing a game or doing business, for performing a mental act, or some computer programs; for animal or plant varieties, for any methods of medical treatment or diagnosis or for anything immoral or anything contrary to public policy.

by: Peggy Hutchison

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