Patent Law (UK) - Introduction Flashcards
An introduction to patent law in the UK, with some elements of European patent law.
What is the primary purpose of a patent?
To protect the idea itself and stop others from unauthorised use of a product or process.
Explanation - A patent grants statutory exclusive rights to prevent others from using, making, or selling a product or process without authorisation.
Describe the territorial nature of patents?
A patent in one country does not extend to other countries.
Explanation - Patents are territorial, meaning they are enforceable only within the granting jurisdiction.
Why did early patents have a duration of 14 years?
The figure was derived from the training time for two apprenticeships.
Explanation - The initial duration was tied to the Statute of Artificers (1562), which established the time required to train two apprentices.
Which treaty introduced the principle of ‘priority’ in international patent law?
Paris Convention (1883).
Explanation: The Paris Convention established priorities, allowing inventors to claim rights in other jurisdictions based on the first filing date.
What is a key concept of the ‘Prospecting Theory’ in patent economics?
Staking inventive claims for greater future incentives.
Explanation: The Prospecting Theory views patents as a system of claiming innovation to incentivise further invention and commercialisation.
Patents automatically grant inventors the right to use or sell their invention globally.
True or False
False.
Explanation: Patents are territorial and must be registered in each jurisdiction individually for rights to be enforceable.
The Venetian Patent Decree of 1474 focused on protecting inventors’ honour and promoting innovation.
True or False
True.
Explanation: The decree incentivised innovation by granting inventors exclusivity, ensuring their recognition and preventing unauthorised copying for 10 years.
TRIPS requires a minimum patent term of 10 years.
True or False
False.
Explanation: TRIPS mandates a minimum patent term of 20 years from the filing date.
What is Locke’s labour theory?
The theory primarily justifies a person’s right to their invention due to the intellectual labor they contributed.
Explanation: Locke’s labor theory states that a person has a right to property, even intellectual property, because they mix their labour with it.
When did claims became mandatory in patent applications
After the Patent Law Amendment Act of 1852.
Explanation: The act introduced claims, requiring inventors to formally define the scope of their invention for protection.
How does the European Patent Convention streamline the application process across multiple countries?
The EPC centralises the search, examination, and grant process for patents across Europe.
One application leads to protection in multiple member states, though enforcement remains national.
What key principles were introduced by the Paris Convention (1883) and why are they significant?
The Paris Convention introduced national treatment, ensuring equal treatment for locals and foreigners, and priority rights, allowing inventors to claim earlier filing dates internationally.
