Patent Office Slide

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The UK Intellectual Property Office
Dr Jim Houlihan, Senior Policy Advisor Nick
Ashworth, Policy Officer AURIL Conference
2008 Thursday 9 October 2008
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The UK Intellectual Property Office
Executive Agency within Department of Innovation,
Universities and Skills (DIUS) 950 staff based
in Newport in South Wales, 12 based in
Blackfriars, London Our task is to help
stimulate innovation and raise the international
competitiveness of British industry through
Intellectual Property Rights (IPR)
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The UK Intellectual Property Office
Consultation on the Patent Research
Exception Gowers Review of Intellectual
Property Not entirely clear what uses fall
within the scope of the experimental use
exception
Recommendation 1 Amend section 60(5) of the
Patents Act 1977 to clarify the research
exception to facilitate experimentation,
innovation and education
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The UK Intellectual Property Office
Patent valid for up to 20 years Holder has
exclusive rights Patents encourage innovation
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The UK Intellectual Property Office

• 60(5) An act which, apart from this subsection,
  would constitute an infringement of a patent for
  an invention shall not do so if
• It is done privately and for purposes which are
  not commercial
• (b) It is done for experimental purposes relating
  to the subject-matter of the invention

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The UK Intellectual Property Office
Why is the Research Exception Important? Can aid
RD Allows researchers to work on patented
inventions for experimental purposes Promotes
technological development Stimulates research
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The UK Intellectual Property Office
Consultation on the Patent Research
Exception Gowers Review of Intellectual
Property Not entirely clear what uses fall
within the scope of the experimental use
exception
Recommendation 1 Amend section 60(5) of the
Patents Act 1977 to clarify the research
exception to facilitate experimentation,
innovation and education
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The UK Intellectual Property Office
Review process produced limited response from
stakeholders Consultation launched to ? seek
evidence of the effect of the research
exception ? identify extent of stakeholder
concerns ? seek most practical solutions to
resolve them
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The UK Intellectual Property Office
Studies have commented on the need for
clarification of the UK research exception
Question 1 Is the research exception in need of
clarification? Do you have any evidence to
support your view?
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The UK Intellectual Property Office

Question 2 If you consider that the research
exception does need clarification, how would you
like to see this done?
Possible Options ? European legislative
changes ? Amend Patents Act 1977 ? Awareness
raising ? Maintain status quo
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The UK Intellectual Property Office
Research Tools Relating to the subject-matter
of the invention
Question 3 Do you have any evidence of research
being hindered by patents on research tools, or
of the current law working effectively?
Question 4 If you consider that research has
been hindered by patents on research tools, how
do you think this could best be overcome, or has
research been able to continue?
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The UK Intellectual Property Office
Findings to Date ? How big is the problem? ?
What do stakeholders want? ? How can we
take things forward?
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The UK Intellectual Property Office
What Next? ? Consultation period ends 7 November
2008 ? Results and report on consultation,
including any proposals for taking issues
forward, available no later than 6 February
2009
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