Chapter 7 Key facts checklists

Patents

Patents are granted for new technological developments (‘inventions’). They are not granted for developments in the creative or non-technological arts (so a new and inventive play or novel is not patentable). Areas on the borderline between art and technology, such as computer programming and business methods, are the subject of difficulty and controversy. For a patent to be granted in Europe for an invention, the invention must be:

●    in an area of technology and not fall within an excluded category;

●    new, in the sense of not having been previously made available to the public anywhere in 
the world;

●    contain an inventive step—that is, it must not have been obvious to a skilled person working in the same field of technology;

●    explained in the published patent so that it can be put into practice by others;

●    described in a claim(s) in the published patent, which set the technological scope of the monopoly;

●    not be contrary to public order or morality.

Patents last for 20 years from application, but may be revoked at any time on the ground that the invention does not meet the requirements for patentability. Manufacturing or dealing in products, or carrying out processes, as described in the patent’s claims infringes the patent.

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