Intelectual property- Patents Flashcards
what is a patent?
what law is it governed under?
what does section 1 say?
do you need to register it?
Patents Act 1977
a patent needs to be a new invention s1 (a)
needs to be registered.
4 part test Novel, inventive, industrial application S1(c) if it can be made or used in any industrial or agricultural setting, not excluded- cant be literary work or dramatic work.
S2 needs to be novel e.g. it needs to be made avalable to the public and must be described or orally spoken.
S1 Patents must be granted only for an invention.
patents are valid for only 20 years.
to get a patent it has to be new anywhere.
needs to have an inventive step and this step needs to be obvious. S1 (b)
need to have disclosure to show that anyone else can do it.
S14(3) a skilled person in the art must be able to copy it and replicate it.
what is copyright?
what law governs it?
do you need to register it?
protects original works
Copyright Designs and Patents Act 1988
no need to register it
does not protect the idea but protects the expression of the idea.
firstly needs to be original- must originate from the author. must have not been copied.
CDPA 1988 S1
person who created it is the author S9
secondly the subject matter- needs to be written work, software, artistic work.
sculpture, building. Copyright, Designs and Patents Act 1988 S4
Exclusive rights. CDPA 1988 S16-21 to prevent other people from using your product. they may need to copy a substantial part of your work to infringe it.
secondary infringement- allowing the primary infringer to do their thing.
what is a trademark?
what law governs it?
do you need to register it?
protects signs which distinguish the goods and services of one enterprise from those of another. Can last forever
Trade Marks Act 1994
need to register it
