UK Patent Office Consulting On 'Inventive Step' Requirement

by Robin Pilgrim, LawAndTax-News.com, London

08 February 2006

The UK Patent Office has recently launched a consultation on the 'inventive step' requirement contained within the patent-granting criteria.

Under current rules, first put in place in 1977, inventors must prove that their invention is new, that it is capable of being used by some kind of industry, and that it involves an "inventive step".

It is this latter provision which is currently under examination. Explaining the reasoning behind the consultation, Patent Office chief executive, Ron Marchant observed that:

"An inventive step requirement which is too difficult for applicants to achieve could result in inventions that might deserve a patent not receiving protection, thus hindering the applicant in research and investment."

"Alternatively, the danger of an inventive step which is too easy to meet is that patents could be obtained for small changes and improvements which hamper the legitimate activities of third parties."

Therefore, the Patent Office is seeking comment by May 31 on the following questions:

• Is the inventive step requirement for patentable inventions in the United Kingdom right for inventors, the public at large, and the UK economy?
• Are too many "trivial patents" being granted?
• Or are innovation and competitiveness best served by easy patenting with low hurdles?

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