Saving Money on IP at a Time of Rising Prices

 

Jane Lambert

At a time of rising production costs and weakening demand for their products and services, businesses are tempted to reduce or even curtail their spending on intellectual property services.  That will often prove to be a mistake because brands, designs, technology and creative output are rather like the golden eggs in Aesop's fable and the laws that protect them the goose   The reality is that many businesses will take that risk because savings have to be made somewhere.  There are, however, steps that can be taken that will save money but not increase risk excessively.  Those steps are suggestions and not recommendations. There will be occasions when only the most expensive option will do.  That will depend entirely on the circumstances. 

Ascertaining Intellectual Assets

Before any decision can be taken as to what intellectual assets are to be protected a business needs to know what it holds.  A patent or trade mark attorney or solicitor specializing in IP will carry out an IP audit for a fee and there are some schemes that will pay for such audits (see How to use an IP Audit 13 Jan 2022 NIPC News).  However, for businesses that do not qualify for such funding and do not want to pay such fees, there are two very useful diagnostic tools from the WIPO and the IPO that will do much of the work for nothing.   

The WIPO IP Diagnostics generates a customized report with recommendations.  There is more information in WIPO IP DiagnosticsAn IP self-assessment tool for SMEs and the WIPO IP Diagnostics Frequently Asked Questions.  The only caveat is that the WIPO tool is not designed specifically for British users though most of the information will apply to users in the UK. 

The IPO's IP Health Check is designed for users in this country.   It will also generate a report covering

• "a personalised list of actions to take
• an explanation of why we have made each recommendation
• guidance on how to put each course of action into practice
• links to useful information, websites and other resources."

Both tools have their strengths and as they are both free there is nothing to stop users from trying both.

Not all Intellectual Property Rights Cost Money

Patents provide the most comprehensive protection but they are not cheap.  An applicant can pay up to £5,000 or more for searches, office charges and attorneys fees just for this country.  Afterwards,there are periodic renewal fees which increase over time in some countries.  One of the conditions for the grant of a patent is that you have to disclose  "the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art." As anyone in the world can read a patent specification once it is published it is often necessary to patent the invention in every country where there is a market as well as every country where there could be a competitor.  The Patent Cooperation Treaty has reduced some of those costs but patenting in more than one country can still cost many tens of thousands of pounds.  Also, if a court or the Comptoller-General of Patents, Designs and Trade Marks ("the Comptroller") finds that a patent should never have been granted, the grant can be revoked.

If the invention cannot easily be reverse-engineered the inventor may decide to keep the invention secret and disclose it in confidence only to people who need to know about it.  Some product information such as the way to make Coca-Cola or Chartreuse can be kept secret for centuries.   Even where an invention can be reverse-engineered but its competitive advantage is unlikely to last more than a few years, it may be sufficient to rely on unregistered design rights, copyright in the software that actuates the invention or some other non-registrable IP right.

Supplementary unregistered designs which provide up to 3 years protection from copying for designs that could be registered under the 1949 Act may be all that is required for toys, novelties and fashion goods  Unregistered design rights, which last up to 10 years (though licences of right are available in the last 5 years of a design right term) are another alternative to design registration. 

Passing off is a less obvious substitute for trade mark registration as goodwill by reference to a mark, sign or get-up has to be built up but the cause of action is sometimes available in circumstances where a trade mark would not be registrable.  Having said that, an action  for passing off is usually more expensive than a claim for trade mark infringement,

Before the Event Insurance

For many small and medium enterprises, the costs of litigation are an existential threat.  Such a threat can be mitigated by legal expenses insurance.  Cover against IP claims is available before a claim arises and afterwards.  As is to be expected, the premiums for before-the-event insurance are considerably less expensive than for after-the-event cover,   The IPO has provided some useful guidance on IP insurance.  The Chartered Institute of Patent Attorneys publishes a list of specialist IP insurance brokers as do the Chartered Institute of Trade Mark Attorneys.

Examiners' Opinions

A dispute over whether a patent is valid or whether it has been infringed can often be resolved by referring the dispute to a patent examiner for an opinion pursuant to s.74A of the Patents Act 1977.  The advantage of the opinion is that it will be based on evidence and argument from both sides.  It is also inexpensive.  The IPO charges £200 for the service.  While the opinion of an examiner is non-binding it can often facilitate settlement through mediation or negotiation.

Domain Name Disputes

Although the Court of Appeal held in  British Telecommunications Plc and others v One In A Million Ltd and others [1998] EWCA Civ 1272, [2001] EBLR 2, [1999] WLR 903, [1999] ETMR 61, [1999] 1 WLR 903, [1998] Masons CLR 165, [1999] FSR 1, [1997-98] Info TLR 423, [1998] ITCLR 146, [1999] 1 ETMR 61, [1998] 4 All ER 476 that unauthorized registration of a trade mark as a domain name is actionable, the Internet Corporation for Assigned Names and Numbers ("ICANN") has devised the Uniform Domain Name Dispute Resolution Policy for resolving disputes between trade mark owners and domain name registrants. For US$1,500, a dispute over entitlement to a domain name ending in ".com", ".org", ".net" or other generic top-level domain can be referred to a tribunal of one or three panellists who will deliver a decision within days of the referral.  Registrars are bound by their agreements with ICANN to give effect to such decisions.  That is considerably easier, cheaper and quicker than seeking to enforce the judgment of a UK court abroad.  There are similar schemes in national or regional domain name authorities such as Nominet for the ".uk" domain or EurID for the ".eu" domain,

Proceedings in the Intellectual Property Office

The Comptroller has jurisdiction to decide many kinds of patent, trade mark, registered and unregistered design disputes.  The procedure of his tribunals is simpler and less formal than that of the courts.  It is often possible to dispose of disputes without a hearing.  Unless a party behaves unreasonably the maximum costs that can be awarded against it are limited to a published scale.  In trade mark and design cases, it is possible to appeal to an appointed person who will award costs on the same scale,

The IPEC Small Claims Track

If the owner of an IP right other than a patent, registered design, plant variety or semiconductor topography has a straightforward claim that can be decided in a day and seeks primarily an injunction and damages of £10,000 or less, he or she should consider an action in the small claims track of the Intellectual Property Enterprise Court (see Small IP Claims last updated 19 Jan 2018 in NIPC News).  The procedure is simpler and shorter than claims in the multitrack and recoverable. costs are limited to a few hundred pounds in most cases.

Other Forums

All other IP claims for damages of £500.000 or less that can be tried in 2 days could be brought in the Intellectual Property Enterprise Court where recoverable costs are also limited.    For slightly higher-value and more complex cases, there is the shorter trials scheme (see IPEC and the Shorter Trials Scheme Compared  28 May 2022).

Conclusion

These suggestions are by no means comprehensive.  Other practitioners will suggest other possible cost savings or disagree with mine.   It would nevertheless be useful to start a conversation on the topic.   Anyone wishing to discuss this article can call me on 020 7404 5252 during office hours or send a message through my contact form.

Direct Access to Barristers on Intellectual Property Matters

Jane Lambert

I am a member of the Intelectual Property Bar Association to which most barristers specializing in intellectual property and technology law belong.  There are over 100 of us.  Most are in London but there are a few in other parts of the country.  Our job is to advise on difficult points of law, draft complex legal instruments and represent clients in litigation and negotiations.  Most of the judges of the Patents and Intellectual Property Enterprise Courts and many of the other judges of the Chancery Division were recruited from our numbers. 

Barristers are often compared to consultant physicians and surgeons in medicine.  Just as a GP might refer patients to specialists for diagnosis or treatment, patent and trade mark attorneys and solicitors seek our opinions, drafts or representation for their clients. Until 2004  we had to be consulted through those intermediaries. Nowadays, many of us accept instructions directly from members of the public on IP matters under the public access scheme.  Earlier this evening, for example, I was asked how to apply for a patent.  Over the weekend I was asked how to challenge a design registration under s.11ZA of the Registered Designs Act 1949,  Other typical requests would be to review a lengthy business format franchise agreement, draft a complaint in a domain name dispute or appear at an online entitlement hearing in the Intellectual Property Office,

It should not be supposed that we do the work of solicitors, patent or trade mark attorneys or other professionals simply because we can be instructed directly.  Our Public Access Guidance forbids us from conducting litigation unless specifically authorized to do so.  Similarly, we do not prosecute patent, design or trade mark registration applications though we draft statements of case, review witness statements and appear before IPO hearing officers and EPO Boards of Appeal.  Our rules prevent us from acting for a client if we believe it to be in the client's interests or the interests of justice for him or her to instruct a solicitor or other professional intermediary.   Far from competing with other professionals, we are actually a source of work for them. 

Though we do not prosecute patent, design or trade mark applications or conduct litigation we may be the best initial point of contact for clients who may need such services.  There are many ways of protecting the same intellectual asset some of which are free such as unregistered design right or the right to bring an action for passing-off.  The optimum method of protection at a particular time and in certain circumstances is not necessarily the most comprehensive.  Similarly, a request for the transfer of a domain name under the Uniform Domain Name Dispute Resolution Policy can be much faster, cheaper, safer and even more effective than a trade mark infringement or passing-off claim in the courts.  Counsel's advice on those matters is objective and impartial. If an attorney or solicitor is required we can suggest intermediaries with whom we have worked satisfactorily in the past.

If a business owner, manager or individual seeks advice on a point of law we can advise on most matters without the assistance of a professional intermediary.  That would include such questions 

• "Is this computer-implemented invention patentable?",  
• "Do I have an action for copyright infringement?" 
• "I have just received this demand for undertakings and pile of documents from that big firm of solicitors, what are my options?" or
• "Can you help me understand this complex agreement that a potential customer has just sent me?"

There are some issues such as "Is this invention patentable given the prior art?" when we would need a patent search or some other information that a professional intermediary can supply. 

When a business owner or manager understands contracts and has negotiated deals before we can draft just about any kind of agreement or instrument for him or her.  If he or she is feeling his or her way we would advise the owner or manager to introduce a solicitor, accountant or another professional to the team.

Most litigation would need a solicitor, attorney or other professional but sometimes the client can do the necessary work and all that is required is advocacy.   Many hearings in the Intellectual Property Office or small claims track of the Intellectual Property Enterprise Court would fall into that category.  On one occasion I have responded to an appeal in the Court of Appeal and there have been several others when I have appeared in the High Court without a solicitor.

If you want to use our services you will need to supply a passport, driving licence or other photo ID and evidence of residence and if you represent a company your authority to do so.  We will specify what we will do when we shall do it and how much we shall charge in a client care letter.  That is your contract with your barrister.   In the unlikely event that something goes wrong, we are all insured and regulated by the Bar Standards Board or other authorities We have approved complaints handling procedures and the ordinary law of contract and tort applies to us just as much as to any other professional services provider.  You can find more information in the Public Access Guidance from our regulator.

Anyone wishing to discuss this article may call me during office hours or send me a message through my contact form.

Essential Reading for Inventors and Entrepreneurs

Jane Lambert

IP really can make or break a business.  Get it right and you can control entry to your markets or generate substantial amounts of licensing revenue. Get it wrong and you can be ensnared suddenly in complex litigation with draconian remedies and ruinous legal fees. You can try to ignore it but every business in the world has goodwill, some trade secrets, a website with text and photos all of which are likely to be copyright works. 

Problems can be avoided and opportunities seized by spotting them in advance.  By and large, that is what big companies do.  Their executives will have learnt something about IP at business school.   They will have attended conferences or read about IP in business journalists.  They will also be supported by in-house lawyers and patent and trade mark attorneys with ready access to the specialist bar and law firms. But inventors, designers and business owners rarely have the time, expertise or funds for any of that.  

Those who are aware of the problem have often asked me in the past to recommend a manual on IP for startups.  I wrote one on IP enforcement in 2009 but it needs updating and it does not cover non-contentious issues such as patent prosecution, design or trade mark registration or licensing.  But one book that I can recommend is Enterprising Ideas A Guide to Intellectual Property for Startups which was written by Omer Hiziroglu and published this year by the WIPO (World Intellectual Property Organization), the UN agency for intellectual property.

The publication is only 78 pages long and can be downloaded free of charge from the WIPO's website.  It consists of the following chapters:

• Introduction 
• Protecting your innovation
• Distinguishing your product in the market
• Going international
• Other strategic ways to exploit IP
• Managing risks
• Using IP databases, and
• IP audit

There are also two annexes.

The Introduction contains an overview of IP.  The IP office for the UK is the Intellectual Property Office in Newport.  We do not have utility models in this country but we do have unregistered design rights which protect the shape or configuration of articles from copying for up to 10 tears from the first marketing of the articles. Our industrial design law is also complicated because we have overlapping protection by copyright and design registration and now a new supplementary unregistered design right. Product designs that are new and have individual character can be registered with the Intellectual Property Office for 5 consecutive terms of 5 years each.   Also in the Introduction is a section on IP generating as opposed to IP consuming startups and a paragraph of technology readiness rating which is "a technique for assessing how close a technology or product is to commercialization".   Scattered throughout the book are case studies, and the one in the Introduction is about the Turkish company. Arçelik A.Ş.

The next chapter discusses patents, trade secrecy and copyright.  The third covers trade mark registration, domain names and design registration.  Going International introduces the Patent Cooperation Agreement, the Madrid Protocol and the Hague Agreement.  There is a discussion about licences and assignments of IP rights and funding, the scientific, technical and marketing information that can be obtained from patent, trade mark and design databases and an overview of IP audits.   The only area that could be improved is on managing risks.   In the UK there are watch services that warn of applications for possibly conflicting IP rights and there is a developing IP insurance market.

Anyone wishing to discuss this article may call me on +44 (0)20 7494 5252 during normal office hours or send me a message through my contact form. 

Intellectual Property Resources for Inventors and Small Businesses in the USA

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Source Wikipedia

Jane Lambert

In a post to the US Patent and Trademark Office ("USPTO") blog entitled Intellectual property resources in your area, which was published on 24 June 2019, Mr Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO wrote:

"Providing entrepreneurs, small businesses, and independent inventors with access to intellectual property (IP) resources is one of the major priorities for the USPTO. These entities are vital to our country’s economy, but they often don’t have the same resources that larger entities can leverage to protect their innovations. Because of that, the USPTO oversees several programs to assist with free or reduced-cost help in applying for patents, including the Patent Pro Bono Program, the Pro Se Assistance Program, the Certified Law School Clinic Program, and Patent and Trademark Resource Centers. That’s all in addition to the reduced filing fees we charge to small and micro entities."

Entrepreneurs, small businesses and independent inventors are as important to the British (and probably every other advanced country's) economy as they are to the American economy.  At the very least, we can learn from Mr Iancu's blog post.  British inventors and entrepreneurs seeking US patents and trade marks may even be able to take advantage of some of the facilities and resources that Mr Iancu mentions.

USPTO
The USPTO is the intellectual property office for the USA.  Because patents can be granted for new plant varieties under 35 USC § 161 and new, original, and ornamental designs for articles of manufacture under 35 USC § 171 which are equivalent to plant breeders; rights and registered designs in the UK as well as for inventions it performs functions that are carried out by the Plant Varieties Rights Office as well as the Intellectual Property Office in this country. Unlike the IPO, the USPTO has no responsibility for copyright.  There is a separate Copyright Office within the Library of Congress for copyright and related rights in the USA.

Patent Pro Bono Program
Inventors and small businesses that meet certain financial thresholds and other criteria may be eligible for free legal assistance in preparing and filing patent applications under the Patent Pro Bono Program.   This is a nationwide network of independently operated regional programmes that match financially under-resourced inventors and small businesses with volunteer patent attorneys and patent agents.

Pro Se Assistance Programme
"Pro se" is Latin for "on his (or her) own behalf" and refers to what we would call "unrepresented parties", that is to say, inventors or other applicants who file patent applications without the assistance of a US qualified patent attorney or patent agent.   The Pro Se Assistance Program offers a number of services to the public prior to filing, including:

• Dedicated personnel to assist with pre-filing questions including:
• An explanation of different types of application filings
• Assistance with forms completions and filings
• Reviewing application (e.g. Specification, Drawings, and Claims) for compliance with current regulations
• In-person assistance for the general public at USPTO Headquarters at Alexandria in Virginia regarding pre-filing
• Targeted support to connect applicants with relevant resources and information
• Online resources found on pro se assistance programme page. 

The page also contains some very useful videos. It is the resource that inventors and advisors outside the USA are likely to find most useful.

Law School Clinic Certification Program

Participating universities in this programme offer advice and assistance on US patent and trade mark law from selected law students under the supervision of their teachers or other IP professionals. I am delighted to see that the University of California at Los Angeles (which is my alma mater and also that of Mr Iancu) participates in the programme.  A table of universities indicating the services they offer, the geographical area that they cover and the contact details of the organizer appears on the programme page.

Patent and Trademark Resource Centers

These seem to be like our Business and IP Centres. Many are located in public libraries and provide classes and workshops as well as patent specifications, law reports, textbooks and other specialist publications to subscribers.  Some run or host inventors' clubs.  Los Angeles Public Library, for instance, offers:

"computerized searching of patents, trademarks, and copyrights. Library users perform their own searches. Computers are available on a first-come, first served basis. Ask library staff for instructions on use. Use of intellectual property databases is free, but printing is $.25 per page. We also have collections in print and microfilm. During regular library hours, we provide some assistance by telephone at 213-228-7220."

There is a lot of general information on patents, trade secrets, trade marks and other IP rights on the library's web page.  The USPTO lists patent and trade mark resource centres on its PTRC locations by state web page.

Anybody wishing to discuss this article or the resources available to inventors and SME in this or any other country should call me during office hours on +44 (0)20 7404 5252 or send me a message through my contact form.  

Animated Advice from across the Pond

Standard YouTuve Licence


Jane Lambert

In Animated Advice 18 March 2016 NIPC News I introduced readers to some animations published by the Intellectual Property Office, the World Intellectual Property Organization and others. One of the films I mentioned was the IPO's IP BASICS: Should I get a patent?

Today I want to share with you an even more helpful animation published by the US Patent and Trademark Office ("USPTO") so long as you bear in mind that the USA is a different country, with different institutions and different laws. However, the United States like the United Kingdom is party to a number of international agreements such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") which requires each country's intellectual property laws to be broadly similar.

Here are also some points to bear in mind for British readers:

• The USPTO is the place to start for inventors in the USA because it is the intellectual property office for that country but inventors in this country can start either at the Intellectual Property Office in Newport (look you) or the European Patent Office in Munich ("there's lovely for you!" as they say in Wales).
• Our law does not expressly define an invention though it does list a number of things that can't be patented as such like computer programs or methods of doing business which are not specifically excluded in US law. Also, we cut out some of the verbiage like "machine" or "composition of matter." Basically, an invention can be patented on this side of the Atlantic if it is a product or process.
• One reason why I really like this animation is that it advises inventors to consider writing a business plan and carry out some market research. I've been ramming that message home in my IP clinics, talks to inventors' clubs and blogs for years. Here is just one of my articles: "Why every business plan should take account of intellectual property" 3 Apr 2016 NIPC News.
• The places where you can get help with your invention in this country would be the Business and IP Centres at the British Library next to St Pancras Station in London and the central libraries of Birmingham, Exeter, Hull, Leeds, Liverpool, Manchester, Manchester, Newcastle, Northampton, Norwich and Sheffield. Those libraries are also part of a wider network of public libraries that are associated with the EPO called PatLib. If you study the list you will find help available in Aberdeen. Belfast, Glasgow, Plymouth and Portsmouth.  We no longer have anything quite as good as Business USA.gov in this country but we do have the Business and Self-Employed pages of the gov.uk website. Also, you can call me on 020 7404 5252 any time during business hours and I can point you in the right direction.
• As in the USA, you can apply to the IPO or EPO for a patent without instructing a patent attorney but I would strongly advise you against it.  I know patent attorneys don't come cheap but there are funding schemes here to help you (see How Small Businesses can fund IP Advice and Representation 3 Sept 2016 NIPC News). By the way, the terms "patent agent" and "patent attorney" mean different things in the USA. There, a patent attorney means a lawyer specializing in IP but a patent agent is a non-legally qualified professional who prosecutes patent applications. Here, the terms patent attorneys and patent agents are used interchangeably. Patent attorneys in the UK are members of the Chartered Institute of Patent Attorneys which used to be called the Chartered Institute of Patent Agents until a few years ago. Finally, the expression "pro se" is not used in this country. Those who apply for patents without the help of patent attorneys are usually referred to as "unrepresented applicants". 
• In this country, we don't have "utility", "design" or "plant patents" as such but we do have registered and registered Community designs (for the time being) and EU and national plant breeders' rights  (see Jane Lambert Protecting Investment in New Plant Varieties 4 May 2016 LinkedIn). What Americans call "utility patents" are simply "patents" here.
• There is no call centre in Newport or Munich like the Inventors Assistance Center but both the IPO and EPO publish guidance for unrepresented applicants on their websites and the Chartered Institute of Patent Attorneys, Ideas 21 and I hold free consultations with an IP professional at towns and cities around the UK. Check out CIPA's IP Clinics page and Ideas 21's regular advice sessions in London. Mine are held in Barnsley on the second Tuesday of every month and you can book your appointment through the BarnsleyBiz Surgeries page.

Wherever you are in the country, you can call me on 020 7404 5252 during office hours or send me a message through my contact form.

How the IP Bill affects Inventors

Source Wikipedia

The Intellectual Property Bill has completed its passage through Parliament and will shortly become law. Although most attention focused on HM government's proposal to criminalize registered design infringement the Bill makes a number of changes to British patent law which will affect inventors.

Overview 
This is a very short legislative instrument consisting of 24 clauses in 4 Parts and one Schedule.  Part I which consists of 14 clauses relates to registered design, registered Community design and unregistered design right law. Part 2 is concerned with patents, Part 3 with amendments to the Freedom of Information Act 2000 which will prevent premature disclosure of sensitive technical or commercial information relating to research and a new duty upon the Secretary of State for Business Innovation and Skills to deliver an annual report to Parliament on how the Intellectual Property Office and IP legislation generally have facilitated innovation and growth in the UK and Part 4 with the implementation of the Bill once it becomes law. The Schedule contains minor amendments to the Patents Act 1977.

Part 2: Provisions relating to Patents
These are as follows:

Clause	Provision
15	Infringement: marking product with internet link
16	Opinions service
17	Unified Patent Court
18	Sharing information with overseas patent offices
19	Minor amendments to the Patents Act 1977

Infringement: marking product with internet link

At present s.62 of the Patents Act 1977 protects an infringer from an award of damages or other pecuniary relief if he or she can prove that that at the date of the infringement he was not aware, and had no reasonable grounds for supposing, that the patent existed. The appearance of the word "patent", "patented" or any other word or words expressing or implying that a patent had been obtained shall not suffice unless the number of the patent accompanies the word or words in question.

Clause 15 inserts the words “or a relevant internet link” after "the number of the patent" in s.62. The words "relevant internet link" are defined by a new sub-section (1A) to s.62:

"The reference in subsection (1) to a relevant internet link is a reference to an address of a posting on the internet—
(a) which is accessible to the public free of charge, and
(b) which clearly associates the product with the number of the patent.”

It is still necessary to notify the public of the number of the patent but it is no longer necessary to engrave, emboss or otherwise mark it on the product itself. That concession should make for cost savings and improve the appearance of the product concerned.

Opinions Service
S.13 of the Patents Act 1974 inserted a new s.74A and s,74B into the Patents Act 1977 which enabled the Intellectual Property Office to deliver an opinion as to whether:
(a)   a particular act constitutes, or (if done) would constitute, an infringement of a patent; or
(b)   whether, or to what extent, an invention is not patentable because it was not new or obvious.

This is a very inexpensive form of alternative dispute resolution ("ADR") for disputes over infirngement and validity which has proved to be very popular since it was introduced in 2005 (see the "Requests for Opinions" page of the IPO website).  Clause 16 (1) will give the Secretary of State power to extend this ADR service to other types of patent disputes by substituting the words “an opinion on a prescribed matter in relation to the patent” for the present paragraphs (a) and (b) of s.74 (1). 

Clause 16 (4) will give the Comptroller power to revoke a patent if he finds that it is invalid for want of novelty or obviousness.  Clause 16 (2) will limit the rule making powers of the Secretary of State in relation to reviews of decisions and and clause 16 (3) applies s.74A and s.74B to the legislation relating to supplemental protection certificates.

Unified Patent Court

Probably the most important provision of the Bill so far as inventors are concerned is clause 17 which allows the UK to implement regulations for a European patent for most of the member states of the EU including the UK (the "Unitary Patent") and an agreement for a Unified Patent Court to resolve disputes relating to such patent.  The clause inserts a new s.88A and s.88B into the Patents Act 1977. S.88A will enable the Secretary of State to make regulations relating to the Court and s.88B to designate the Court as an international organization of which the UK is a member. To understand why the Unitary Patent is important see my article "Unitary Patents: Good News from Europe" 27 Dec 2012.

Other Reforms

Clause 18 allows the IPO to share information relating to unpublished patent applications with other patent offices and clause 19 and the Schedule make minor amendments to the Patents Act 1977.  Clause 20 inserts a new research exemption into the Freedom of Information Act 2000 which could assist inventors who have disclosed information about their inventions to public authorities in support of grant applications or for some other purposes. Inventors could also be helped in the long term by the new reporting obligation under clause 21 on the activities of the IPO and the operation of IP legislation in promoting innovation and growth.

Further Information
If you want to learn more about the Bill you can attend our seminar The Intellectual Property Bill at 4-5 Gray's Inn Square between 16:00 and 18:00 on 19 May 2014. Admission is free but you have to book in advance either by calling George Scanlan on 020 7404 5252 or through this website.