The following IP guidance note Produced in partnership with IP Asset LLP provides comprehensive and up to date legal information covering:
A patent for an invention grants the proprietor the right to exclude others from using the invention within a particular jurisdiction for a limited period of time. A patent only comes into being once it has been registered—in most countries this requires the patent application to be examined by the national patent office to confirm that it satisfies the patentability requirements. The national patent office in the UK is the UK Intellectual Property Office (UK IPO).
While patent law remains a largely national law, with national patent offices operating in each territory to examine and grant patent applications and national courts dealing with enforcement of those national patents, in some areas of the world, countries have developed regional patent offices which are able to examine and grant patents for all Member States. There are several such offices, two in Africa (ARIPO and OAPI), the Eurasian Patent Office (covering a number of ex-Soviet States), the Gulf Co-operation Office and the European Patent Office (EPO).
The process of examination of patent applications by the patent offices is referred to as patent prosecution.
There are two routes to obtain a patent in the UK:
applying for a national patent under the Patents Act 1977 (PA 1977). These applications are made directly to the UK IPO and result in
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