Patents

Basics

John Lambert

Last updated 5 March 2005

Art 27 (1) TRIPS requires patents to be available for new inventions, whether products or processes. This obligation is implemented in the UK by the Patents Act 1977 as amended. HM government is also party to the European Patent Convention ("EPC") which provides a system of law common to the contracting states for the grant of European patents for any one or more of those states. Applications may be made for patents in any one or more of 118 other countries under the provisions of the Patent Co-operation Treaty ("PCT"). The EPC was revised extensively at a diplomatic conference at Munich in 2000. The revised text of the EPC will require consequential changes to national patent law. The Patents Act 2004 will implement those changes in the UK.

Patentability
Patentable inventions must be new, inventive and useful. Inventive means that the invention is "not obvious" and useful "capable of industrial application". TRIPS allows member states to exclude certain inventions from patentability on the ground of public order or morality, human or animal health or environmental protection. Also excludable are diagnostic, therapeutic and surgical methods for the treatment of humans or animals and plants and animals other than micro-organisms.

Applying for a Patent
Applications for a British patent are made to the Patent Office and applications for a European patent designating the UK (a "European patent (UK)") to the European Patent Office ("EPO"). The application procedure is summarized in "How to apply for a patent" on the Patent Office website. The website also has useful advice on applications to the EPO ("the European Route") and on applications under the PCT ("the International Route").

Title
Art 74 EPC provides that an application for a European patent as an object of property shall be subject to the law applicable to national patent applications in each designated state except where the convention applies to the contrary.

Term
Art 33 TRIPS requires a term of protection of not less than 20 years from the filing date. The is implemented, in the case of a European patent, by art 63 (1) EPC and by s5 (1) of the Patents Act 1977 in the case of UK patent.
 

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