Patent Law (UK) - Internal Requirements and Priority Flashcards
An overview of internal requirements and priority for patent law in the UK, with relevant parts of the European law.
What is the primary requirement for an invention to be considered novel under UK and European law?
It must not form part of the state of the art.
Explanation: Novelty requires that an invention is not already disclosed in the prior art.
Which case established that prior art must satisfy both disclosure and enablement to affect novelty?
Synthon v SmithKline Beecham.
Explanation: This case clarified the dual requirements of disclosure (clear communication) and enablement (practical reproducibility).
What does “priority date” represent in patent law?
The effective date for assessing novelty of the invention.
Explanation: It establishes the date from which any prior disclosure may invalidate the invention’s novelty.
Does an unpublished patent application filed after the priority date constitute prior art under the EPC?
No, an unpublished patent application filed after the priority date.
Explanation: Only filed and published patent applications before the relevant priority date count as prior art.
What is the skilled person assumed to lack in assessing obviousness?
Innovative capability.
Explanation: The skilled person is expected to be knowledgeable but not inventive.
Absolute novelty under UK and European law implies that any prior public disclosure, no matter where in the world, can destroy novelty.
True or False.
True
Explanation: Absolute novelty encompasses all disclosures made publicly available anywhere before the priority date.
Enabling disclosure requires prior art to allow a skilled person to recreate the invention without undue burden.
True or False.
True
Explanation: Enablement ensures practical application of disclosed inventions.
The skilled person can mosaic unrelated pieces of prior art to evaluate the novelty of an invention.
True or False.
False
Explanation: Mosaicking is disallowed unless the documents explicitly connect to form a coherent teaching.
An unpublished patent application submitted before the priority date but published after it can be treated as prior art.
True or False.
True.
Explanation: Under Section 2(3) of the UK Patents Act and Article 54(3) EPC, such applications can impact novelty.
Secrecy agreements between inventors and third parties can prevent prior art from becoming publicly available.
True or False.
True.
Explanation: Confidentiality agreements restrict public availability of disclosed information.
Define the concept of “priority date” and explain its significance in assessing novelty.
The priority date is the effective date used to judge novelty.
It determines the cut-off for assessing prior art and ensures the invention remains unchallenged by later disclosures.
Explain the difference between absolute and local novelty. Which one applies in the context of UK and European patent law?
Absolute novelty (used in the UK/EPC) considers all global disclosures, while local novelty limits this to specific jurisdictions. UK/EPC nations apply absolute novelty.
