Patent law

What is a patent?

A patent is an exclusive right granted on a technical invention. It enables the right holder to prohibit others from commercially using, producing, selling or distributing the invention for a certain period of time, usually 20 years.

To obtain a patent, an invention must meet three conditions: it must be new, involve an inventive step (i.e. not be obvious to those skilled in the art), and be industrially applicable. Patents are territorial, meaning they are only valid in the countries or regions where they have been applied for and granted, such as through the European Patent Office (EPO) or the World Intellectual Property Organisation (WIPO).

An essential part of the patent system is that the technical details of the invention are made public. This promotes knowledge sharing and innovation, as others can learn from the published information and use it once the protection period has expired. This creates a balance between temporary exclusivity for the holder and accessibility for society.

Compared to other intellectual property rights, patent law is complex and characterised by many legal and technical conditions.

The national procedure for obtaining a patent is regulated by the British Patent Act (BPA). In short, it must be a demonstrable invention of a technical nature that can be seen as a solution to a problem. Furthermore, the inventive step is assessed, i.e. the innovative/distinctive character of the invention is examined.

What rights does the actual inventor have when a patent is granted?

Under the National Patent Act, the actual inventor of a technical invention is entitled to have their name mentioned in the patent specification, even if they are not the owner of the patent. This right to recognition is a moral right and remains in force even when the exploitation right has been transferred. In many cases, the patent holder will not be the inventor himself, but a company that has acquired the right, for example through an employment contract stating that inventions automatically belong to the employer.

Patent specification

The invention must also be “applicable”, which means that its effectiveness must be assessed by an expert on the basis of the patent specification. Its effectiveness must translate into an industrial application.

If a patent is granted, it is important to state who the actual inventor (e.g. an employee) is, as the actual inventor is entitled to be named.

The exploitation of the patent is a profession in itself. The right holder/inventor can keep it for themselves, but can also sell and/or exploit it by means of licences.

If legal problems arise along the way, it is absolutely necessary to seek the assistance of a solicitor. Depending on the nature of the dispute, the lawyers at Fruytier Lawyers in Business can represent your interests or put you in touch with experts in this field.