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UK Modernises Patent Laws

by Robin Pilgrim, LawAndTax-News.com, London

12 January 2005

The majority of the new UK Patents Act 2004 has come into force this month.

The legislation, designed to bring the United Kingdom into line with European patent laws, contains new rules regarding the costs and expenses incurred during patent infringement proceedings, and imposes restrictions on filing abroad.

However, one of the key provisions in the 2004 Act pertains to the compensation levels that employees can expect if they invent a product or create a process which earns their employer a substantial amount of money. Under the new rules, employees will be permitted to claim a "fair share" of the profits brought in by their invention.

Additionally, in a provision set to come into force later this year, patent holders will be able to request non-binding opinions from the UK Patent Office, in an attempt to reduce the number of patent infringement and validity challenges taking place in the courts.

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