This chapter discusses patents, which protect inventions — often new medicinal compounds or new aspects of technology — that are novel, inventive, and capable of industrial application. There are four arguments in support of patent protection. The first is a moral justification based on the assertion that there is a natural property right in ideas. The second argument is that justice and fairness demand that there should be a reward for services useful to society. The third argument is that patents are necessary to secure economic development. Finally, the fourth justification is the ‘exchange for secrets’ theory. The Patents Act 1977 dealt with the substantive law of UK patents for the first time. The Act's provisions are influenced primarily by the terms of the Patent Co-operation Treaty 1970 and the European Patent Convention 1973. The chapter then considers the five key stages in the UK procedure to obtain a domestic patent.
Chapter
15. Introduction to patents
Chapter
18. Novelty
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter considers novelty as a prerequisite for an invention to be patentable under both the Patents Act 1977 and the European Patents Convention. More specifically, it tackles three questions to help decide whether an invention is novel: what the invention is; what information is disclosed by the prior art; and whether the invention is novel (part of the state of the art). It also looks at the so-called ‘right to work’ argument, whereby novelty helps to ensure that patents are not used to prevent people from doing what they had already done before the patent was granted, and its modification as a result of changes in the way in which novelty is determined. The chapter concludes by discussing three specific types of inventions and the problems that have arisen when evaluating their novelty: inventions relating to medical uses and non-medical uses, and so-called selection inventions.
Chapter
23. Exploitation
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with the effects of competition law on patent law. It also looks at employee compensation for their inventions. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.
Chapter
14. Introduction to Patents
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
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.
Chapter
19. The relationship between intellectual property rights and competition law
This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.
