Type | Government agency |
---|---|
Region served | United Kingdom |
Chief Executive | Adam Williams |
Parent organisation | Department for Science, Innovation and Technology |
Website | gov |
The Intellectual Property Office of the United Kingdom (often referred to as the UK IPO) is, since 2 April 2007, the operating name of The Patent Office. [1] [2] It is the official government body responsible for intellectual property rights in the UK and is an executive agency of the Department for Science, Innovation and Technology (DSIT). [3]
The IPO has direct administrative responsibility for examining and issuing or rejecting patents, and maintaining registers of intellectual property including patents, designs and trade marks in the UK. As in most countries, there is no statutory register of copyright and the IPO does not conduct any direct administration in copyright matters.
The IPO is led by the Comptroller-General of Patents, Designs and Trade Marks, who is also Registrar of Trade Marks, [4] Registrar of Designs [5] and Chief Executive of the IPO:
The existence of the Patent Office and the post of Comptroller-General are required by the Patents and Design Act 1907 (though most of the remainder of this Act has been repealed), but the substantive duties of the IPO are set out in other legislation, including:
Each of these Acts of Parliament has been extensively amended since it was first passed.
The Manual of Patent Practice sets out the relevant patent law and the operational practice of the Intellectual Property Office in relation to patents. [10]
The forerunner of the Patent Office, the Office of the Commissioners for Patents, was established by the Patent Law Amendment Act 1852 and opened on 1 October that year. While this is claimed as the date the modern Intellectual Property Office was created it was in fact created later, along with the office of the comptroller under section 82 of the Patents, Designs, and Trade Marks Act 1883 (46 & 47 Vict. c. 57).
There had been a Patent Bill Office, under the control of the Attorney General, which was part of the old patent system. It had been located in Lincoln's Inn.
Significantly, the process of applying for a patent was extremely complicated and largely set up to ensure fees were paid to various officials (patent fees formed a significant part of the stipend of the Attorney and Solicitor General). The Patent Law Amendment Act 1852 brought the process of patent grant into a single office serving the whole of the United Kingdom (where previously a petitioner had had to apply and pay fees to several offices, and to obtain separate patents for each of the UK's constituent nations). [11]
Initially, people applying for a patent often used to submit a detailed model of their submission; these were retained and the collection became known as the Patent Museum (opened to the public in 1863 in South Kensington, it went on to become a core collection of the new Science Museum there).
From its early days, the Patent Office was based in the Chancery Lane area of London, where it eventually spread to fill the area between Furnival Street and Southampton Buildings. The principal entrance was at 25 Southampton Buildings, where a purpose-built headquarters was constructed in 1899–1902 (architect: Sir John Taylor). The principal interior space was the Library, a "harsh but spectacular space 140ft long, lit from skylights and a clerestory, with two tiers of steel-framed, fireproofed galleries on cast iron Corinthian columns". [12] Designed to allow members of the public to consult patent records, it also contained a very extensive collection of technical and scientific publications, which in 1967 was transferred to the British Library.[ citation needed ]
In 1991, having outgrown its original premises, the Patent Office moved to Newport, South East Wales, where the IPO headquarters remains to this day. A small branch office in London has been maintained for the benefit of the large professional community based there and for communication with central government.
An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents.
A trademark attorney or trade mark attorney or agent is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters.
The Chartered Institute of Patent Attorneys (CIPA) is the British professional body of patent attorneys.
Patent Act and Patents Act are stock short titles used in Canada, India, Malaysia, New Zealand, the United Kingdom and the United States for legislation relating to patents.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
The Office of the Controller General of Patents, Designs and Trade Marks(CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of Patents, Designs and Trade Marks.
Scams in intellectual property include scams in which inventors and other rights holders are lured to pay money for an apparently official registration of their intellectual property, or for professional development and promotion of their ideas, but do not receive the expected services.
The IP Federation is a United Kingdom industry intellectual property trade association. It was founded in 1920 as an industry organization that provides input representing its members' interests in the United Kingdom and international intellectual property rule-making process. It celebrated its centenary on 23 April 2020.
Sir Robert Raphael Hayim Jacob, PC, known as Robin Jacob, is a former judge in the Court of Appeal of England and Wales.
Intellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts. This includes international intergovernmental organizations that foster governmental cooperation in the area of copyrights, trademarks and patents, as well as non-governmental, non-profit organizations, lobbying organizations, think tanks, notable committees, and professional associations.
A trademark is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design.
Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.
The Intellectual Property Office of New Zealand (IPONZ) is a New Zealand government agency responsible for the granting and registration of intellectual property rights, specifically patent, trade mark, design and plant variety rights. It is a business unit of the New Zealand Ministry of Business, Innovation and Employment. According to its website, IPONZ "aims to ensure people realise the full economic potential of their intellectual property."
Australian patent law is law governing the granting of a temporary monopoly on the use of an invention, in exchange for the publication and free use of the invention after a certain time. The primary piece of legislation is the Patents Act 1990. Patents are administered by the Commonwealth Government agency IP Australia. Australia is a member state of the World Intellectual Property Organization, and compliant with Agreement on Trade-Related Aspects of Intellectual Property Rights. This makes Australian patent law broadly comparable with patent law in other major countries.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
In United Kingdom patent law, a non-binding opinion is a statutory right under sections 74A and 74B of the Patents Act 1977, which allows for any member of the public to make an enquiry into the validity or infringement of a patent and provide for review of such opinions. Since 2005, a new system has allowed the process to be reworked using new and updated forms under the Patents (Amendments) Rules 2005.
Registration of intellectual property in Ghana is key to safeguarding one's intellectual efforts from infringement. Intellectual property law of Ghana encompasses intellectual property (IP) laws in Ghana, such as laws governing copyright, patent, trademark, industrial design rights, and unfair competition. The main intellectual property laws in Ghana include the Copyright Act, 2005, the Patents Act, 2003, the Trademarks Act, 2004, the Industrial Designs Act, 2003 and the Protection Against Unfair Competition Act, 2000. These are supplemented by regulations passed by the Legislature to augment the rate of development under IP laws.
R v Comptroller-General of Patents, ex parte Tomlinson [1899] 1 QB 909 (CA), or Ex parte Tomlinson, is a United Kingdom patent case concerning standing in terms of who can have an interest in opposing the grant of a patent. An application for a writ of mandamus was made to compel the Comptroller to hear and determine the arguments for Tomlinson's opposition. The appeal was dismissed as there were existing provisions to deal with an improperly granted patent where more directly interested persons were able to apply for the revocation of the patent in question. The Court of Appeal held that the decision of the Law Officer was the final authority.
The Intellectual Property Office became the operating name of The Patent Office on 2 April 2007.