Patents Act 1977

요약

The Patents Act 1977 is the principal legislation governing the grant and enforcement of patents in the United Kingdom. It was enacted to give effect to the European Patent Convention (EPC) 1973 and the Patent Co-operation Treaty (PCT), aligning UK law with international patent practice. A patent grants its proprietor the exclusive right to exploit an invention for a period of up to 20 years from the filing date in return for full public disclosure. To be patentable an invention must satisfy four conditions under section 1: it must be new (novel); it must involve an inventive step (not be obvious to a person skilled in the art); it must be capable of industrial application; and it must not fall within an excluded category. Excluded categories include discoveries, scientific theories, mathematical methods, mental acts, presentations of information, and — as such — computer programs and business methods; however, claims with a technical character that go beyond those things may still be patentable. The Act establishes the UK Intellectual Property Office (UKIPO) as the domestic patent office, alongside the European Patent Office (EPO) which may grant UK patents via the EPC route. Infringement is defined in section 60 and includes making, disposing of, using, or importing a patented product or process. Defences include private and non-commercial use, experimental use, and prior user rights. Compulsory licences may be granted under section 48 in the public interest.

핵심 포인트

• Patentability criteria (s.1) — an invention is patentable if it is new (novel), involves an inventive step, is capable of industrial application, and is not excluded; all four conditions must be met
• Novelty (s.2) — an invention is new if it does not form part of the state of the art; the state of the art comprises everything made available to the public before the priority date by written or oral description, use, or any other way
• Inventive step (s.3) — an invention involves an inventive step if it is not obvious to a person skilled in the art having regard to any matter which forms part of the state of the art
• Excluded matter (s.1(2)) — discoveries, scientific theories, mathematical methods, aesthetic creations, mental acts, business methods, and computer programs 'as such' are not patentable; but technical inventions implemented by computer software may be patentable
• Employee inventions (ss.39-43) — an invention made by an employee belongs to the employer if made in the course of duties; employees may claim compensation where the patent is of outstanding benefit to the employer
• Infringement (s.60) — making, disposing of, offering to dispose of, using or importing a patented product, or using or offering to use a patented process without the proprietor's consent; process patents extend to direct products of the process
• Duration — 20 years from the date of filing, subject to payment of annual renewal fees from the fifth year; supplementary protection certificates can extend protection for up to 5 years for pharmaceutical and plant-protection products
• Compulsory licences (s.48) — the Comptroller may grant a licence on application where demand for the patented product in the UK is not being met on reasonable terms or where an important technical advance is blocked

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