Patents Act Free Essay Example, 2250 words

The important issue that arises in this case is whether B-UK will be considered a novelty which does not form part of the state of the art, since MCJ has already published its patent? 9 It may be noted that MCJ’s cylinder coating process does not contain the spray feature, therefore the preliminary specifications as laid out in A-UK will belong to DD, since the quantitative test for novelty will be satisfied. From the criterion of â€Å"objective novelty† the Patents Office may conclude that the material has been made available to the public, especially since it was displayed at the international exhibition10 and has also been orally transmitted to the market representative/agent at the same exhibition11. Moreover the courts will not take into account factors such as duration, location, language, etc as long as the information has been publicly available12. However, in view of the fact that the information that was available was sourced in DD and not a competitor, will mean that it would be deemed to be the original owner of the spray process outlined in its earlier A-UK application, therefore it would also be entitled to ownership rights on subsequent improvements to the process that are included in B-UK13.We will write a custom essay sample on Patents Act or any topic specifically for you Only $17.96 $11.86/pageorder now MCJ’s original application does not contain the alternative spray process but is confined to the cylinder application, therefore DD will be the patent owner. DD will have full rights to the patent, since the â€Å"essential inventive concept†14 in this case has been developed by DD and it was also included within the substance of its first patent application filed in July 2002. The exposure of the product at the International Exhibition need not be a cause for worry to DD, since its patent application A-UK contained the details of the process (to a sufficient degree where a person with the requisite degree of skill could have developed the product), therefore this early date of application will also be considered the priority date of registration of the patent. 15 In the event that the agent who represented the product at the fair or any other party makes use of the process patented in B-UK, DD will have legitimate grounds to file a suit for infringement. If Mr. Coyle faithfully pays the renewal fee that is due each year, then this will mean that the patent that MCJ has on the product will not expire, and will be valid for a period of 20 years from the date of filing, i.e, the and therefore it will continue to subsist. Therefore, as the registered owner of the patent on the cylinder coating process, DD would be obliged to obtain a license to use MCJ’s product through an appropriate licensing.