The following IP practice 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 process of writing and filing a patent application and the examination of the patent application by the patent office is referred to as patent prosecution.
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).
Despite Brexit, the UK remains part of the European patent system and can continue to be designated in European patent applications because the EPO and the European Patent Convention (EPC) (the international treaty which establishes the procedure for the granting of European patents by the EPO) are both independent of the
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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