Patentability and exclusions from patentability


Published by a ÑÇÖÞÉ«ÇéÍø IP expert
Practice notes

Patentability and exclusions from patentability


Published by a ÑÇÖÞÉ«ÇéÍø IP expert

Practice notes
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This Practice Note introduces the Requirements under the Patents Act 1977 (PA 1977) and European Patent Convention (EPC) for something to be considered patentable.

What is a patent?

Patents protect new Inventions and may cover aspects such as how things work, what they are made of and how they are made. The rationale behind patents is that they encourage innovation by rewarding the patent owner (patentee) with up to 20 years during which they can prevent others from making, using, importing or selling the invention without permission (even if they are not deliberately infringing). For more information about what patents are and what they protect, see Practice Note: Introduction to patents.

Patents are registered rights which are granted following a formal application and examination procedure. There are two types of UK patents:

  1. •

    UK national patents (UK patents)—these are examined and granted by the UK Intellectual Property Office (IPO) under the provision of the PA 1977

  2. •

    UK designations of European patents (EP(UK) patents)—these are examined and granted by the European Patent Office (EPO) under the provision of the EPC and validated in the UK

For

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Patent definition
What does Patent mean?

Patents protect inventions. A grant of patent runs for a term of 20 years provided the periodic renewal fees are paid. Patents are granted by the UK intellectual property Office (UK ipo) for which the inventor or legal owner of the invention can apply.

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