The UK Patent Office is contemplating a major change to the
current rules on patent applications and is seeking public comment
on its proposal. The plan would preserve the right of an inventor
to seek patent protection, even after public disclosure of the
idea.
At present, UK patent laws require that an invention be “novel” when the application for a patent is filed with the Patent Office. The novelty requirement means that an invention must be kept secret. If the inventor publishes the invention, or shows it to potential investors or customers without a confidentiality agreement in place, he invalidates the potential for patent protection.
The Patent Office is considering the introduction of a 12-month “grace period” for inventions, along the lines of the current position in the US and Japan. This would allow an inventor to publicly disclose his invention and subsequently file for patent protection, provided he does so within 12 months of the first disclosure. This has the advantage of allowing the inventor to test the market before committing himself financially to patent protection.
The Patent Office points out that there are risks in such a system. Most significantly, any disclosure before filing a patent application will invalidate patent rights in those countries which do not recognise grace periods.
The Patent Office is seeking comments by 30th April 2002 to policy@patent.gov.uk.
