The following IP practice note Produced in partnership with Bristows LLP provides comprehensive and up to date legal information covering:
Patent claims may be separated into two broad categories: product claims and process claims. Product claims and process claims are recognised as having a different scope of protection in section 60(1) of the Patents Act 1977 (PA 1977). However, patent claims may be further categorised based on the particular arrangement or features of the claim. Such arrangements and features have arisen through a combination of case law, patent office practice and legislative developments. This Practice Note describes some of the main types of patent claims commonly encountered by practitioners.
A product claim is a claim to a thing per se, such as an article, machine, substance or composition. Such claims require the product to have certain technical features, which may be structural or functional in nature, to distinguish it from what has gone before. Structural features are physical characteristics of a product, whereas functional features are actions the product is able to perform. In the US, such functional features are referred to as ‘means-plus-function’ features. Any structure which is able to perform the specified function is potentially within the scope of a functional feature, though in practice the patentee may be limited to performance by structures of a type disclosed in the specification. Whether the product has actually been used to perform the function is irrelevant. What is required is that the product
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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