• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
  • Gowling WLG
  • Legal information
  • Privacy statement
  • Cookie Policy
  • Home
  • About
  • Posts
  • Blogs
    • B2022
    • The IP Blog
    • Public Law & Regulation
    • AI
    • The UPC Blog

LoupedIn

A guide to how patent law works

Published on June 14, 2018 by Gowling WLG

A guide to how patent law works

Patent law is essential to enabling organisations to be able to gain protection for the innovations that they develop.

The result of the latest dispute between Apple and Samsung has highlighted the importance of intellectual property and patent law when taking products to market.

According to the BBC, the dispute between the two technology giants began back in 2011 when Apple argued that Samsung had infringed patents associated with the iPhone. A year later, Apple was awarded $1.05 billion in damages and Samsung has fought against the ruling ever since.

In the latest verdict, a damages payment of $539 million was awarded to Apple for the infringement of the design patents and two patented functions.

Samsung has stated that they should only have to pay Apple $28 million because they believe that the sum should be limited to profits directly related to the components or features covered by the patents. Apple argued for the much larger figure calculated on the profits made from an entire iPhone. While the latter has been awarded a damages claim it is less than a quarter of the sum of $2.5 billion that they originally asked for.

Patent law is crucial in protecting the futures of products and inventions to ensure that their profitability is only enjoyed by those that developed them.

What is a patent?

A patent is granted by the government and enables an inventor to have the right to restrict others, for a stated time period, from making, using or selling an invention without permission. Not everything is patentable. For an invention to be eligible for protection it must be new. It must not have been made public in any way before the application is filed. It must also be considered “inventive” it cannot just be a basic modification of something that already exists. An invention also needs to be able to be used by some kind of industry to be issued with protection.

Some inventions are not patentable. For example, if it is a scientific theory or mathematical method it cannot be issued with a patent. Aesthetic creations such as literary, dramatic or artistic works are also not eligible for protection. Before beginning the process of registering your invention it is advisable to ascertain whether it fits with the eligibility criteria.

What kinds of patents are there?

There are two systems which may grant a patent that cover the UK: the national system and the European system. Each of the systems can be preceded by an application made under the international system.

A patent application made under the national system is made to the UK Intellectual Property Office (IPO). Any natural or legal person may make an application in the UK, as long as they are the inventor or entitled to the property in it.

An application made under the European system is made to the European Patent Office (EPO). It enables the centralised application, prosecution and grant of patents. It’s an easier and cheaper alternative than filing individual applications if you want protection in multiple countries that are part of the European Patent Convention (EPC).

What are the steps to obtaining a patent?

When applying under the national system, the first step to obtaining protection for an invention is to file an application which then provides a date of filing. The application will need to include a written description of the invention, any drawings and (optionally at filing, but needed within 12 months) claims and an abstract.

If the requirements are met and the fees are paid, the application process will then include a preliminary examination, grant and publication. The protection will be for a term of 20 years from the date of filing the application as long as the renewal fees are paid.

The fees to be paid to the UK Intellectual Property Office for processing the application are usually around £300-400, in addition to any professional services costs.

How do you maintain a patent?

After the fourth anniversary of filing, the patent will need to be renewed annually. Renewal fees are payable on the last day of the month in which the application was originally filed and increase each year. If a renewal fee is not paid within the stated period the patent will lapse.

However, if the renewal fee and late payment fee are paid within 6 months of the due date, the patent would be viewed as though it had never expired. If 6 months has passed from the renewal date, the only way to restore protection is through making an application to the Comptroller. The Comptroller will reinstate protection if they are satisfied that the failure to pay was unintentional.

What protection does a patent provide?

If a third party’s actions infringe (or would infringe) a patent, the court will award relief to counter the statutory tort of infringement. It’s important to note that the patent’s mere existence does not entitle the proprietor (owner) to relief. Relief is awarded by the order of the court when an infringement (or threatened infringement) is found that enables the need to protect the monopoly that has been granted.

How can a patent be infringed?

In the UK, there are a number of ways in which a patent can be infringed and therefore enable the proprietor to make an application to court.

If the invention is a product then it is an infringement to make, dispose of, offer to dispose of, use, import or keep it without the consent of the proprietor.

If the invention is a process then it would be an infringement to use or offer it for use in the UK without the consent of the proprietor. It would also be an infringement to dispose of, use or import any product that is obtained directly through that process or to keep such a product for disposal or otherwise.

Why are patents needed?

As seen in the Apple vs. Samsung case, patents are essential to protecting your intellectual property. The protection offered enables you to pursue legal action when your product or innovation has been taken advantage of without your consent. It will ensure that you have the right to pursue any profit that you may have lost through your intellectual property being misused.

Our Insights and Resources are recommended for businesses considering the application process for patent protection. We will update you regularly with information from our legal experts on patent law, as well as other sectors and services you may be interested in.

About the author(s)

Gowling WLG
See recent posts

Gowling WLG is an international law firm operating across an array of different sectors and services. Our LoupedIn blog aims to give readers industry insight, technical knowledge and thoughtful observations on the legal landscape and beyond.

  • Gowling WLG
    https://loupedin.blog/author/gowlingwlg/
    Employees, Corporate Governance and a Grand Day Out
  • Gowling WLG
    https://loupedin.blog/author/gowlingwlg/
    Jaguar: the heart of UK Automotive
  • Gowling WLG
    https://loupedin.blog/author/gowlingwlg/
    How will the UK plastic ban affect the food and drink industry?
  • Gowling WLG
    https://loupedin.blog/author/gowlingwlg/
    How to avoid copyright infringement online

Gowling WLG

Gowling WLG is an international law firm operating across an array of different sectors and services. Our LoupedIn blog aims to give readers industry insight, technical knowledge and thoughtful observations on the legal landscape and beyond.

Filed Under: Opinion Tagged With: Intellectual Property, Patents

Views expressed in this blog do not necessarily reflect those of Gowling WLG.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

Primary Sidebar

Recent Posts

  • MIPIM 2023: Key topics shaping the future of real estate
  • Climate change – New report highlights areas for scaling up action
  • Transferring data out of China? Understand the key points from the Chinese Standard Contractual Clauses

Tags

apprenticeships (5) Artificial Intelligence (AI) (52) Autonomous vehicles (11) b2022 (18) Birmingham 2022 (8) Birmingham 2022 Commonwealth Games (14) brand protection (5) Brexit (23) china (5) Climate change (13) COP26 (11) COP27 (6) Copyright (8) COVID-19 (23) Cyber security (5) Data protection (6) Employment (13) employment law (9) Environment (8) ESG (21) ESG and pensions (9) financial services (5) Intellectual Property (59) IP (9) Life sciences (6) net zero (6) Patents (28) Pensions (41) Pension scams (5) Pension Schemes Act 2021 (11) Pensions dashboards (7) Pensions in 2022 (10) Pensions law (31) Procurement (7) Public Law & Regulation (39) Real Estate (17) Retail (6) sustainability (7) Tech (45) The Week In Pensions (11) Trademarks (13) UK (15) unified patents court (9) UPC (24) Week in HR (8)

Categories

Archives

Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

Footer

LoupedIn is the Official Gowling WLG Blog. Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

  • Home
  • About
  • Gowling WLG
  • Legal information
  • Privacy statement
  • Cookie Policy

© 2023 Gowling WLG

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT