Re: [Patents] [Fwd: New UK Patent Bill]

[James Heald <j.heald@ucl.ac.uk>]

Simo Sorce wrote:
> > http://www.theregister.co.uk/content/67/34986.html

> Great FUD, and great danger for UK...
> ...sadly.
>
> Simo.

See also Axel Horns' comments:

http://www.ipjur.com/2004_01_01_archive.php3#107460875244676708



Paul Mobbs wrote,
http://mail.gnu.org/archive/html/fsfe-uk/2004-01/msg00122.html :

> The text of the revisions to the patents act is out. Mostly it's 
> administrative stuff. The big issue is the linking to the approval processes 
> of the European Patents Convention into UK law, in particular whether this 
> would implement Article 52(2)(c) of the convention into UK law -- "schemes, 
> rules and methods for performing mental acts, playing games or doing 
> business, and programs for computers".

Not quite sure what Paul is zero-ing in on here.  I'm cc'ing him in, he 
might be able to expnad on this?


One little thing that caught my eye was paragraph 16 in the Explanatory 
notes:

16.     New section 4A(1) corresponds to Article 53(c) EPC 2000 and 
makes clear that an invention which consists of a method of treatment 
(by surgery or therapy) or a method of diagnosis cannot be patented. The 
provision replaces existing section 4(2), which corresponds to Article 
52(4) EPC. Currently, such inventions are treated as incapable of 
industrial application, a fiction which EPC 2000 regards as undesirable 
to uphold since methods of treatment and diagnosis are excluded from 
patentability in the interests of public health.

-- I have nothing against replacing legal 'fictions' with something more 
grounded in reality;  but this might be seen also as chiming in with 
current moves at WIPO to establish that the "industrial application" 
test is no longer used in practice by patent offices to reject 
applications, and should now be regarded as superfluous.

> Text of bill online at (HTML + PDF):
> http://www.publications.parliament.uk/pa/ld200304/ldbills/018/2004018.htm

Explanatory notes:
http://www.publications.parliament.uk/pa/ld200304/ldbills/018/en/04018x--.htm

> To refer to the European Patent Convention see the European Patent Office 
> pages at:
> http://www.european-patent-office.org/legal/epc/
>
>
> Text of No.10 press release (included below):
> http://www.pm.gov.uk/output/page5192.asp
>
>
> Patents Bill published
>
> Planned changes to the Patents law will help business turn bright ideas into 
> success.
>
> The Bill's proposals will provide a more supportive framework, particularly 
> for small businesses, to enforce patent rights and ensure that UK patent law 
> continues to underpin and promote innovation.
>
> Measures include:
>
> * enabling the Patent Office to provide an independent non-binding opinion on 
> patent validity or infringement to settle disputes over patent rights without 
> parties having to resort to expensive litigation;
>
> * bringing UK patent law into line with the revised European Patent Convention 
> to reduce bureaucracy and make it simpler for UK businesses to operate across 
> Europe;
>
> * modernising UK patent law to be more responsive to customers needs by for 
> example, allowing the Patent Office to make amendments to application forms 
> without amending regulations; and
>
> * modifying existing protection for alleged infringers to encourage 
> out-of-court settlement of disputes whilst still deterring patent owners from 
> making unreasonable allegations of infringement.
>
> Lord Sainsbury, Minister for Science & Innovation, said:
>
> "The Government is committed to improving the environment necessary to support 
> and encourage innovation. Effective, flexible and up-to-date patent law is 
> essential to help businesses turn bright ideas into successful products and 
> processes."