Lecture 8 - granting and using patents

Question 1

who owns the patent

Answer 1

s7(1) uk patents act 1977 - any person may make an application either alone or jointly
s13(2) - an applicant shall include a file of who the inventor is and an indication of what right the applicant has to be granted the patent

Question 2

what does the law state about employee inventions

Answer 2

s39 - in many cases the employer rather than the employee will be the person entitled to the grant of a patent

Question 3

what compensation is available for employee inventions

Answer 3

s40-41 - the employee can apply for an award of compensation from the employer if the invention or patent is of outstanding benefit to the employer

Question 4

what is licencing

Answer 4

a patent may licence out the patent by a formal agreement which allows another party to work with the patent without fear of an infringement action

Question 5

what is licenses ‘as of right’

Answer 5

this means that anyone is open to come in and work the patent

Question 6

what rights does the crown have

Answer 6

s55 establishes rights
- it empowers any gov or person authorised to do various acts in relation to the patent without the consent of the patent owner