INTRODUCTION
A patent gives an inventor the sole right to exploit his idea.COPYRIGHTS
Trademarks and Moral Rights are dealt with in a separate section.INVENTIONS
A patent protects an invention. Inventions need not be in the nature of a mechanical device and may be a chemical or biological process. Some new ideas are specifically denied the status of invention, however, for instance novel scientific theories or ways of displaying information. New computer programs and works of art are not inventions.APPLYING FOR A PATENT
In order to obtain a patent it is necessary to apply to a government office called the Patent Office.The Patent Office will grant a patent if
The invention to which it relates is patentable; and
The person applying for the patent is entitled to a patent of the invention.
PATENTABILITY
An invention will only be patentable if it involves doing something which:Could not previously have been done having reference to information, which is either: Available to the public or contained within another patent;
Would not be obvious to a person who was expert in the scientific field used in the invention; and is capable of industrial application.
There are certain special cases in which a patent will not be granted even though an invention is other patentable; for instance where the invention could only be put to immoral or offensive use.
PERSONS ENTITLED TO A GRANT OF PATENT
A patent may be granted to either the inventor of the invention or to another person who has acquired a legal right to the invention. In particular, employers may be entitled to the grant of a patent of an invention if:The inventor invented the invention in the course of their work for the employer and was employed in a job which might be expected to lead him to invent something; or
The inventor had a special duty to further the interests of his employer.
If an employer is entitled to patent an invention of its employee, the employee may be entitled to seek compensation from the Court. The employee will be awarded a fair share of the financial benefit that the employer will ultimately reap from the exploitation of the invention.
