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An invention, in the context of patent law, is something which has technical character, solves a technical problem and has technical features.
An invention with these features where it is novel, inventive and industrially applicable is patentable.
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Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...
Intellectual property due diligence in asset purchase transactions—checklist This Checklist has been drafted for use by the buyer and is designed to highlight issues commonly arising, and key questions that should be asked, when undertaking due diligence in the course of an asset purchase transaction, where a buyer is acquiring a business in its entirety or specific business assets. This focuses on IP assets and rights aspects of the transaction and is intended to be used in conjunction with due diligence enquiries in other areas such as IT and as to financial position. For information about the corporate aspects of such transactions, see: Asset purchase agreement—overview. For further information, see Practice Notes: • IP issues to consider in asset purchase contracts • Buying a software business—key considerations • Corporate transactions for technology lawyers • Asset purchase transactions—IP issues—checklist For example agreements, see Precedents: • IP due diligence questionnaire • Assignment of intellectual property rights (asset purchase) (long form) • Assignment of intellectual property rights (asset purchase) (short form) • Intellectual...
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This Practice Note introduces the requirements under the Patents Act 1977 (PA 1977) and European Patent Convention (EPC) for something to be considered patentable.What is a patent?Patents protect new inventions and may cover aspects such as how things work, what they are made of and how they are made. The rationale behind patents is that they encourage innovation by rewarding the patent owner (patentee) with up to 20 years during which they can prevent others from making, using, importing or selling the invention without permission (even if they are not deliberately infringing). For more information about what patents are and what they protect, see Practice Note: Introduction to patents.Patents are registered rights which are granted following a formal application and examination procedure. There are two types of UK patents:•UK national patents (UK patents)—these are examined and granted by the UK Intellectual Property Office (IPO) under the provision of the PA 1977•UK designations of European patents (EP(UK) patents)—these are examined and granted by the European Patent Office (EPO) under the provision of the EPC and validated in...
Arbitration annual round-up—investment treaty arbitration: reviewing 2017 and previewing 2018 [Archived] ARCHIVED :  This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant investment treaty arbitration developments of 2017 and previews what is on the horizon for 2018. This includes key awards in International Centre for Settlement of Investment Disputes (ICSID) and other investment treaty arbitration proceedings, the release of bespoke investment arbitration rules by leading institutions, and broader developments in the field of investor-state dispute settlement. Also included are updates on ÀÏ˾»úÎçÒ¹¸£Àû®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 ICSID arbitration What happened? The ICSID announced in October 2016 that work had begun on updating and modernising the centre’s rules and regulations. ICSID invited comments and suggestions from ICSID Contracting States and, in February 2017, the wider public were encouraged to participate, including the arbitration community. It is the fourth such review...
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Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...
Executive service agreement This Agreement is made on [date] Parties 1 [Name of company], a company incorporated in England with registered number [number] whose registered office is at [address] (the Company); and 2 [Name of employee], of [address] (you). The parties agree: 1 Definitions and interpretation 1.1 In this Agreement the following expressions will, unless the context otherwise requires, have the meanings set opposite them: Basic Salary • the meaning given to it in Clause 8.1; [Board • [the directors of the Company present at a meeting (i) of directors of the Company or (ii) of a duly appointed committee of directors of the Company[, such meeting to be convened and quorate in accordance with the articles of association of the Company and the Companies Act 2006] OR the directors of the Company present at a meeting of directors of the Company[, such meeting to be convened and quorate in accordance with the articles of association of the Company and the Companies Act 2006] ];]...
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How do I protect a new idea for a product? Keep it a secret If you have a new idea about how to do or make something, resist the temptation to tell people about it or publicise this, as patent law dictates that doing so will usually destroy the ability to patent that idea. Seek advice from an IP lawyer or a patent attorney An IP lawyer or a patent attorney will be able to tell you whether the idea is protectable under a patent or not. Patent law is complicated such that not every type of idea is automatically allowed to be protected by a patent. For example, they will be able to give you an idea of whether someone else has already obtained a patent for this invention. An example of a difficult area is patents for inventions that are all about software. It is advisable to consider alternatives as well. If the idea is not protectable with a patent, it may be protected in other ways,...
What are IP rights? Basic concept Most people are familiar enough with the idea that owning tangible property, such as a car or some land, carries with it some rights, such as not to have it stolen or damaged. So that people are incentivised to create things or new ways of doing something, the law provides rights to creators. These rights are to property, generated by someone's creativity, and they are similar to rights in property such as land—they can be sold, rented out or even mortgaged, and they cannot be trespassed on without the owner's consent. The owner has a right to keep other people away from exploiting this intellectual property (IP), for example stopping them selling the products containing the ideas protected by the IP. There are limits to that right to keep people away, because the intention is that the owner's exclusive rights should not extend so far that competition and free markets are stifled. Creative output could be viewed as a spectrum of activities,...
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MLex: Brand name drugmakers now have more opportunities to secure extended exclusivity for their medicines throughout the European Union, thanks to a recent EU Court of Justice ruling in disputes over Supplementary Protection Certificates, or SPCs, for medicinal products in the EU.
Local Government analysis: In this appeal the deputy president was asked to determine the circumstances in which the First-Tier Tribunal (FTT) may conduct a review of its own decision upon receipt of an application for permission to appeal, and the question whether the FTT may consider a challenge to policy in the context of an appeal against a penalty imposed in reliance on that policy. He held that a review may only be conducted insofar as the issue arises out of a point advanced by a party seeking permission to appeal, and, while not addressing the point head-on, that the FTT is not the appropriate forum in which to challenge policy. Written by Riccardo Calzavara, barrister at Cornerstone Barristers.
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