Patents Act
Are there any budding inventors in your company? All kinds of local businesses from engineering to software companies make inventions and it is always worth considering whether to apply for a patent or registered protection with the Patent Office. Patenting means you can stop anyone else exploiting the invention and provides very valuable protection for many businesses.
Marti Burgess, a solicitor in our Intellectual Property Department, says: “We often have to advise clients on protection for their inventions and other intellectual property rights. You might need to consider who owns rights to an invention and how to deal with them in contracts of employment and with subcontractors and designers and collaboration agreements. Sadly sometimes disputes arise and patent litigation ensues.
In late July the new Patents Act 2004 came out. It makes some changes to the Patents Act 1977, which is the main law in this field. In particular the changes are designed to make it easier for small businesses to enforce their patent rights. The European Commission is also currently looking at when computer programs can be patented and the UK Patent Office has just issued some Frequently Asked Questions on software patents.
It is always worth having a clause about intellectual property rights in conditions of sale and purchase, consultancy and collaboration agreements and even employment contracts. Do you? If not we can draw such clauses up for you. They can provide very valuable protection and improve your legal position if a dispute arises later about ownership or infringement of intellectual property rights.”
For further information on the Patents Act 2004 or any intellectual property issue contact Marti Burgess on (0117) 9290451 or e-mail mburgess@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published