Lecture 7 - Patentability

Question 1

what does the law state about when a patent can be granted

Answer 1

s1(1) UK patents act 1977 states : a patent may be granted only for an invention in respect of which the following conditions are met : the invention is new, it involves an inventive step, it is capable of industrial application, the grant of a patent for it is not excluded by subsections (2)(3) or (4a)

Question 2

what does the law state about discoveries, mathematical methods etc

Answer 2

s1(2) states they cannot be regarded as inventions and are therefore not patentable

Question 3

what does the law state about new inventions

Answer 3

s2(1) - an invention shall be new if it does not form part of the state of the art
s2(2) - the state of the art shall be taken to compromise all matter which has at any time before the priority date of that invention been made available to the public by written or oral description by use or in any other way

Question 4

what is the concept of anticipation

Answer 4

a concept which is used to assess the impact of the prior state of the art on the later invention
the issue to consider is whether the operation of the prior product or process prevents the later patent

Question 5

what does the law state about inventive step

Answer 5

s3 - provides that an invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art having regard to any matter which forms part of the state of the art by virtue only of s2(2) disregarding s2(3)

Question 6

What does the law state about industrial application

Answer 6

this requirement illustrates that only that which is capable of industrial use is considered patentable
s4(1) - provides that an invention shall be capable of industrial application if it can be made or used in any kind of industry