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Background; The Patent Specification; Filing a Patent Application; Ownership of Patents; Foreign Applications; European Patents; Patent Co-operation Treaty (PCT); The Paris Convention; First Publication; The Granted Patent; Product Marking; Summary of Stages of Progress of typical British Patent Application.
The granted patent gives its owner the right to stop others from infringing the patent, in other words from manufacturing or selling the invention which is covered by the claims of the patent. It does not give the owner the exclusive right to manufacture or sell the invention since the patentee’s ability to do this may be restricted by other granted patents which are owned by third parties. In fact, it is quite possible for the patentee to find himself in the position of being unable to work his granted patent because of the existence of such other patents.
The right granted by a patent is for a limited period, referred to as the term of the patent. The term of a British patent is 20 years, subject to the payment of annual renewal fees from the fifth year. No renewal fees are payable when the application is pending. Other countries differ widely as to the term of the patent, and the arrangements for paying renewal fees. For example, a European patent application requires annual renewal fees to be paid from the third year. However, a 20-year term has become standard in European countries. An action for infringement of a patent cannot be commenced until the patent is granted, although note that it is possible under certain circumstances (see above, under First Publication) to obtain damages for infringement which occurs prior to grant.
For patents in chemistry, metallurgy, biochemistry and biotechnology, contact Stephen Wilkinson in our Bristol office.
For patents in physics, electrical engineering, general engineering and computing, contact Chris Boydell or Sarah Perkins in our London office or David Marles in our Bristol office.