The following IP practice note provides comprehensive and up to date legal information covering:
A ‘patent’ is a document conferring so-called monopoly rights to an inventor following a formal application and registration procedure. A patent protects 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 20 or more years during which they can prevent others from making, using, importing or selling the invention without permission (even if they are not deliberately infringing), which is why they are said to confer ‘monopoly’ rights.
Whether an inventor’s work can be patented often comes down to the drafting skill of the patent attorney who writes the patent and how well the attorney conveys the inventive concept in the patent application. Identifying the inventive concept is done by working out the meaning of the patent claim, then identifying its essence and limitations. For example, the invention may be the idea of using established techniques to do something that no one had previously thought of doing, or finding a way to isolate a compound which people had wanted to do, but previously failed to do.
Section 1 of the Patents Act 1977 (PA 1977) provides that a patent will only be granted for an invention that:
involves an inventive step
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
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