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GLOSSARY

Substantive examination definition

Published by a LexisNexis IP expert

What does Substantive examination mean?

The substantive examination of an intellectual property right is to check that it meets the requirements for registration.

In patent law, this requires it to be new, inventive, industrially applicable and not excluded subject matter.

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Patents and SPCs—UK/EU comparison

Patents and SPCs—UK/EU comparison Background This Practice Note provides a high-level summary of key themes of comparison between the UK and EU in relation to patents and supplementary protection certificates (SPCs) that have arisen since the UK exited the EU on 31 December 2020 (IP completion day). For a comparison of other IP rights in the UK and EU, see Practice Notes: • Copyright and databases—UK/EU comparison • Trade marks—UK/EU comparison • Designs—UK/EU comparison IP law is significantly harmonised across the EU. Prior to Brexit, many aspects of UK IP law were harmonised with the EU regime, and certain unitary EU IP rights (such as EU trade marks and EU designs) were applicable and enforceable in the UK. As of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered an implementation period of 11 months ending at 11 pm on IP completion day, during which it continued to be subject to EU law. Following IP completion day, the...

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