Patents Chapter 2

Question 1

Explain the origins of the patent system (FF3RNMW1624)

Answer 1

• Filippo Brunelleschi the architect of Florence’s cathedral
• First patent for technical invention
• 3 years - Arno river
• Retained monopoly
• Not tied to the notion of invention
• Middle ages - guilds of craftmen
• Weakness: maintence of the status over innovation
• 1624: due to misuse of monopoly, a new requirement of novelty was introduced.

Question 2

Explain the rationale for modern regimes in terms of the patent system (name 4)

Answer 2

1. Industrial techniques should be improved
2. In return of the monopoly an inventor must disclose the invention to the public to encourage improvements and new inventions
3. If the monopoly was not granted, then the inventor would have never made his invention public and nobody would have been able to use it.
4. Disclosure is a springboard for further developments and better products.

Question 3

Explain what is included in the claims

Answer 3

a description of the invention itself and applying the criteria of:
- Novelty
- Non-obviousness (inventive step)
- Subject matter 
to the invention

Question 4

What is a used synonym for non-obviousness?

Answer 4

Inventive step

Question 5

Must consist of subject matter that is patentable - industrial application

Answer 5

Human Genome Sciences v. Eli. Lilly

Question 6

Where in the law is excluded subject matter described?

Answer 6

Section 1 (2) PA 1977

Question 7

Which 2 cases describe excluded subject matter on the basis of lack of technical contribution?

Answer 7

Aerotel v. Telco Holdings and Symbian

Question 8

How long is a patent valid in the UK?

Answer 8

Maximum of 20 years, however needs to be renewed annually after the first 4 initial years.

Question 9

Alexander Graham Bell’s patent expired, but his company retained a monopoly position in the market, explain why?

Answer 9

Because Bell’s company spent 20 years of the monopoly in building up the telephone infrastructure and signing up customers which made it not economically viable for competitors to enter the market with such delay.

Question 10

Which bodies can grant patents?

Answer 10

1. Intellectual property office UK IPO

2. European patent office (EPO)

Question 11

Which regime does the UK IPO follow?

Answer 11

Patents act 1977

Question 12

Which regime that the EPO follow?

Answer 12

European patent convention 2000

Question 13

What does SPC mean and what does it do?

Answer 13

Supplementary patent certificate - extends patent protection where it has not been possible for the patent holder to take full advantage of their patent rights over the period of grant.

Question 14

What is the maximum time limit for a SPC?

Answer 14

5 Years