PA 7 - Right to Apply for and obtain a patent Flashcards
Who can apply for a patent
Any person may make an application, either alone or jointly with another
Who can have a granted patent in a given invention
A patent may be GRANTED to:
a) the inventor(s)
b) or IN PREFERENCE, any person(s) who, by virtue of any enactment or rule of law, foreign law or treaty or international convention, or by agreement made before the making of the invention, was or were at the time of making the invention entitled to the whole property in it IN THE UK;
c) or a successor in title to either of the above
AND NO OTHER PERSON
Who is the inventor
The inventor is the ACTUAL DEVISER of the invention (single or jointly)
Who is assumed to be entitled to a patent
It is assumed that the applicant is entitled to the invention, unless the contrary is established
How should “any person” be interpreted
patents are personal property, therefore the applicant(s) must be a NATURAL OR LEGAL PERSON (i.e. an individual or corporate body)
i.e. it EXCLUDES unincorporated firms, bodies, or partnerships, though individual partners are eligible (as are LLPs)
What contribution leads to a person being an “inventor”
Merely giving advice of assistance IS NOT A CO-INVENTOR
Material contribution can be of minimal value
An inventor is someone who contributed materially to what was thought to be the invention at the time of DEVISING
How do you change the applicant of a patent
IF AN ERROR - Apply to correct PF1 by requesting under R49 (correction of name and address) FORM 20 NO FEE; or R50 (correction of error in the register), with WRITTEN EVIDENCE of reasons; OR file a request under R105 if a clerical or translation error;
IF FORM 7 HAS NOT BEEN FILED (Statement of inventorship and of right to applicant) - File a request IN WRITING under R31 (amendment of application)
IF THERE HAS BEEN A TRANSACTION - File FORM 21 + FEE under R47 (e.g. a new assignment)
Why is entitlement important?
Entitlement should be clearly established, as a lack of entitlement is a grounds for revocation under s72
What is the effect of an unenforceable assignment
An applicant cannot be entitled via an unenforceable assignment (e.g. any assignment that diminishes an employee’s rights)
Where is the onus of proof in entitlement
Onus of proof is on the second party to prove lack of entitlement, except possibly under s39(2) for employer-employee cases
