ventions
a patent
Inventive step (non-obviousness)
3.11.
The invention must not be obvious to a "person skilled in the art". This is the expression used to describe the notional person who has specific knowledge in the relevant technical field. He should be skilled but lacking the imagination to be an inventor.
Industrially applicable
3.12.
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Patents are granted only for inventions which fall into the area of technology which can loosely be called "industry", a term that includes the agricultural industry. Something which is industrially applicable is generally going to be practical and useful for industry to adopt, although methods of treatment of the human or animal body are examples of technology not considered capable of being industrially applicable.
Rights given by a patent
3.13.
The grantee of a patent in the United Kingdom has the right to prevent others from infringing the patent. Section 60 of the 1977 Act defines infringement in the following
way:
3.14.
"a person infringes a patent for an invention if, but only if, while the patent is in force, he does any of the following things in the United Kingdom in relation to the invention without the consent of the proprietor of the patent, that is to say -
(a)
(b)
(c)
where the invention is a product, he makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise;
where the invention is a process, he uses the process or he offers it for use in the United Kingdom when he knows, or it is obvious to a reasonable person in the circumstances, that its use there without the consent of the proprietor would be an infringement of the patent;
where the invention is a process, he disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or keeps any such product whether for disposal or otherwise".
Under section 60(2), in certain circumstances a person also infringes a patent if, without the consent of the proprietor, he supplies or offers to supply in the United Kingdom a person other than a licensee or other person entitled to work the invention with any of the means for putting the invention into effect (so-called "contributory infringement"). Certain acts are exempted from protection, amongst which are private, non-commercial acts and experimental acts.
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