Person skilled in the art definition

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International patent applications under the Patent Cooperation Treaty

International patent applications under the Patent Cooperation Treaty Instead of, or in addition to, filing a national patent application at a national patent office (eg a GB patent application at the UK Intellectual Property Office (UK IPO)), or a regional patent application at a regional patent office (eg a European patent application at the European Patent Office (EPO)), an international patent application can be filed under the Patent Cooperation Treaty (PCT). This Practice Note provides an overview of the main provisions of the PCT and the process for filing an international patent application. For more information about applying for a GB patent at the UK IPO, see Practice Note: Patent applications—how to obtain patent protection in the UK. For a list of the regional patent offices, see here and for more information about European patent applications at the EPO, see Practice Note: European patent—application procedure. The Patent Cooperation Treaty (PCT) The PCT, which was established in 1970, assists applicants in seeking patent protection internationally for their inventions. The PCT has...

Patentability and exclusions from patentability

Patentability and exclusions from patentability This Practice Note introduces the requirements under the Patents Act 1977 (PA 1977) and European Patent Convention (EPC) for something to be considered patentable. What is a patent? Patents protect new inventions and may cover aspects such as how things work, what they are made of and how they are made. The rationale behind patents is that they encourage innovation by rewarding the patent owner (patentee) with up to 20 years during which they can prevent others from making, using, importing or selling the invention without permission (even if they are not deliberately infringing). For more information about what patents are and what they protect, see Practice Note: Introduction to patents. Patents are registered rights which are granted following a formal application and examination procedure. There are two types of UK patents: • UK national patents (UK patents)—these are examined and granted by the UK Intellectual Property Office (IPO) under the provision of the PA 1977 • UK designations of European patents (EP(UK) patents)—these are examined and...

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Grounds of invalidity—patent infringement claim

Grounds of invalidity—patent infringement claim Claim No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ Patents Court OR Intellectual Property Enterprise Court ] Between: [insert name] Claimant/Part 20 Defendant and [insert name] First Defendant/Part 20 Claimant [insert name] Second Defendant/Part 20 Claimant _______________________________________ Grounds of invalidity _______________________________________ The following are the Grounds of Invalidity of [GB Patent OR European Patent (UK)][number] (the Patent) referred to in the Defence and Counterclaim served with these Grounds of Invalidity and upon which the Defendants/Part 20 Claimants will rely. 1 The alleged invention as claimed in each and every claim of the Patent is not a patentable invention in that the subject matter was not new having regard to the matter which formed part of the state of the art at the priority date of the Patent [and common general knowledge]. Particulars The Defendants rely on the following as forming part of the state...

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Patenting AI innovations in healthcare—navigating European patent law

Life Sciences analysis: Jack Severs, partner and Joe Spencer, associate of Gill Jennings & Every LLP analyse the landscape of patent-eligible subject matter within the domain of AI healthcare in Europe.