All Change For UK Patent Law
This article was taken from the Venner Shipley Newsletter edition 19.
On 1 January 2005, the Patents Act 2004 came into force and made significant changes to the Patents Act 1977 which is the statute governing the patent system in the UK. The new legislation amends UK law into line with the amendments to the European Patent Convention made during 2000 and is intended to modernise and clarify the UK patent system and make it easier for patent owners to enforce their rights. The changes are also designed to boost competition and innovation in the UK.
The act includes new provisions on restrictions on filing abroad, costs in proceedings, and remedies in entitlement proceedings. A further important addition, which is not expected to come into force until later in 2005, is to enable people to request a non-binding opinion from the UK Patent Office on patent infringement issues arising in disputes. In view of the relatively high cost of patent litigation, the aim of this amendment is to result in a greater number of settlements early in the litigation process.