Historical Developments

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Patent Protection ◽  
Biological Diversity ◽  
Patent Law ◽  
Patent System ◽  
Convention On Biological Diversity ◽  
European Patent ◽  
Industrialized Countries ◽  
System P ◽  
Historical Developments ◽  
The Uk

This chapter describes historical developments in patent systems and patent law. It highlights key developments in the UK from 1800–2014, in the US from 1790–2014, in other industrialized countries (Germany, France, the Netherlands, Switzerland, and Japan), and in developing countries. The final section discusses international developments such as the Paris Convention, the European Patent Convention, the Unitary Patent system in Europe, the Patent Cooperation Treaty, the TRIPs Agreement, the Convention on Biological Diversity, the Patent Law Treaty, the London Agreement, and the Substantive Patent Law Treaty. These developments, which have generally acted to strengthen patent protection, did not simply happen of their own accord; political, diplomatic, and industry lobbying activities have played a larger role than any objective analysis of the economic and social benefits of the patent system.

14. Introduction to patents

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Biological Diversity ◽  
Patent Law ◽  
Patent System ◽  
Convention On Biological Diversity ◽  
European Patent ◽  
Regulatory Regime ◽  
International Treaties ◽  
British Patent ◽  
The Uk ◽  
The Impact

This chapter introduces the reader to patents, how they work, and the laws governing them. It begins with a history of the patent system in the UK up to 1977. This is followed by a discussion of various justifications that have been proposed in support of the patent system, such as the natural rights of inventors to their work and the public benefits that flow from the grant of patent monopolies. It also considers the current regulatory regime governing the creation and use of patents in the UK and Europe, with particular reference to the European Patent Convention and the Patents Act 1977. Finally, the chapter discusses the impact of the European Commission on patent law and some of the international treaties that have influenced British patent law, including the Patent Cooperation Treaty, the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and the Convention on Biological Diversity. The chapter also speculates on the impact of Brexit on UK patent law.

14. Key elements of the patent system

2020 ◽  
pp. 230-245
Author(s):  
Ian J. Lloyd
Keyword(s):  
Patent Protection ◽  
World Trade Organisation ◽  
Patent System ◽  
The European Union ◽  
The United Kingdom ◽  
System P ◽  
To Come ◽  
The Uk ◽  
Near Future

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.

4. Introduction to European Patent Law

2019 ◽  
pp. 99-119
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
European Law ◽  
European Patent Convention ◽  
Unified Patent Court ◽  
Unitary Patent

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.

Is 'evergreening' a cause for concern? A legal perspective

1969 ◽  
Vol 13 (4) ◽  
Author(s):  
Scott Parker ◽  
Kevin Mooney
Keyword(s):  
Patent Protection ◽  
Cost Effective ◽  
Pharmaceutical Products ◽  
Patent Law ◽  
Patent System ◽  
Pharmaceutical Companies ◽  
Generic Competition ◽  
Legal Perspective ◽  
The Uk ◽  
Weak Patents

A number of fundamental principles (and misconceptions) of patent law and of the system for granting and enforcing patents lie at the heart of the so-called 'evergreening' debate on patent protection for pharmaceutical products. The purpose of this paper is to consider 'evergreening' from a legal perspective and to evaluate the extent to which the patent system operates to safeguard against the claimed abuses. In the authors' view the allegation that pharmaceutical companies have been able to delay substantially the entry of generic competition by 'evergreening' many of their patents simply does not reflect the reality and mischaracterises how the patent system operates in the context of technological innovation. A patent over an improvement does not restrict a generic company from launching a competitor of the originator product and, in the UK at least, the procedure and attitude of the court is conducive to the speedy and cost-effective challenge of 'weak' patents.

24. Rights related to patents

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
Regulatory Approval ◽  
Patent Infringement ◽  
Plant Variety ◽  
System P ◽  
The Uk

This chapter is concerned with two areas of law that are related to, but not traditionally part of, patent law: the system of plant variety that gives protection to the breeders of new plant varieties, and supplementary protection certificates that extend the length of patent protection in the UK and are meant to compensate owners for time lost while awaiting regulatory approval to market their patented products. The procedure to be followed when applying for plant variety rights is also discussed, along with issues of ownership, duration, and patent infringement. The chapter concludes by considering exceptions and compulsory licences relating to the plant variety system.

10. Patent regimes and the application process

2019 ◽  
pp. 364-400
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Patent Protection ◽  
International Agreements ◽  
Patent Law ◽  
European Patent ◽  
Application Process ◽  
Future Evolution ◽  
The Uk ◽  
Changes Over Time ◽  
Examination Process ◽  
Over Time

This chapter assesses the rationales and justifications commonly seen for and against patents, which inform all aspects of patent law. Against this backdrop, the chapter explains the architecture and procedures of contemporary patent systems as they operate in the UK, within the European patent system, and through international agreements, instruments, and procedures. The chapter considers the patent registration process in the UK. Unlike copyright—and like registered trade marks and registered designs—patent protection is a registered right, granted by an intellectual property office following an application and examination process. The chapter also reviews changes over time and areas of particular debate and possible future evolution.

14. Key elements of the patent system

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Industrial Application ◽  
Patent Protection ◽  
Patent System ◽  
European Patent ◽  
European Patent Convention ◽  
General Terms ◽  
System P ◽  
International Patent ◽  
Protection Systems ◽  
Unitary Patent

This chapter considers in general terms the nature and manner of operation of the patent system. Topics discussed include international patent protection systems (Patent Co-operation Treaty, European Patent Convention, the unitary patent, and intellectual property in the GATS and WTO); requirements for patentability (novelty, inventive step, capacity for industrial application); matters excluded from patent protection; patenting software; and the process of obtaining and enforcing a patent.

Harmonization of Patent Law

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Intellectual Property Rights ◽  
Patent Protection ◽  
Biological Diversity ◽  
Patent Law ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Patent Rights ◽  
Patent Laws ◽  
The World ◽  
Per Se

This chapter details developments in the harmonization of patent laws. The Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement has made significant strides in harmonizing levels of patent protection. TRIPs requires practically all countries of the world to have patent systems in which compounds, including pharmaceuticals, can be patented per se for a term of at least twenty years, with no local working requirements and no routine granting of compulsory licences; with importation of a product and sale of the product or a process being clearly defined as infringement; and with clear standards for the enforcement of patent rights. Other harmonization initiatives include the Patent Law Treaty, the Substantive Patent Law Treaty, the Trilateral Cooperation, the Convention on Biological Diversity, and the Nagoya Protocol.

Analyzing the Broadening Scope of Patentability in the Advancing Field of Biotechnology

2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Jessica Downing
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Growth And Development ◽  
Patent Protection ◽  
Embryonic Stem ◽  
Biotechnology Industry ◽  
Patent Law ◽  
Patent System ◽  
Legislative History ◽  
Public Debates

The current U.S. patent system is considered to provide the broadest patent protection of all patent systems in existence, especially with respect to the biotechnology industry. Advances in science and technology have been key contributors to the growth and development of legislation controlling patent law. With these advancements have come vivid public debates on the morality of research with embryonic stem cells and the fusion of human and animal DNA to find cures for disease. Despite the rapid developments, the legislation controlling such research has been slow to progress. This paper will explore the legislative history surrounding biotechnology patents, focusing on the specific need for strong, adequate protection to promote the survival of the biotechnology industry.

The nature and extent of terrestrial protected area coverage on the UK's Overseas Territories

2017 ◽  
Vol 44 (4) ◽  
pp. 397-404
Author(s):  
NICHOLAS I. WILKINSON ◽  
JONATHAN G. HALL ◽  
JULIET A. VICKERY ◽  
GRAEME M. BUCHANAN
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Biological Diversity ◽  
Area Coverage ◽  
Convention On Biological Diversity ◽  
Effective Protection ◽  
Terrestrial Environment ◽  
Overseas Territories ◽  
The Uk

SUMMARYSignatories to the Convention on Biological Diversity (CBD) agreed to the effective protection of at least 17% of the terrestrial environment by 2020 (Aichi Target 11). Here, we assess the coverage of terrestrial protected areas (land protected by legislation) on the UK's Overseas Territories. These 14 Territories are under the sovereignty of the UK, a signatory of the CBD, and are particularly biodiverse. Eight Territories have protected areas covering 17% or more of their land, but the extent of protection across these Territories as a whole is low, with only 4.8% of this land designated as protected. This protection covered 51% of sites already identified as of conservation importance (Important Bird and Biodiversity Areas), although only 8% of the area of these sites was protected. The expansion of effective protection to meet the 17% target provides an opportunity to capture the most important sites for conservation. Locally led designation will require an improvement in knowledge of the distribution and density of species. This, together with measures to ensure that the protection is enforced and effective, will require provision of resources. This should be seen as an investment in the UK meeting its obligations to Aichi Target 11.

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