A new e-mail option, specifically for pending patent observations, has also been launched, making it easier to scupper a rival's chance of winning a monopoly right, perhaps by revealing that somebody else came up with the invention first. Just e-mail [email protected].
Members of the public have always been entitled to make so-called Section 21 Observations, a reference to the Patents Act of 1977; but the Patent Office is keen to encourage greater public participation.
"This initiative is part of our continued effort to deliver greater quality and certainty in granted patents, and to give our customers new ways of dealing with us electronically," said Sean Dennehey, Director of Patents. "For people in business, concerned about a rival's patent application, it means that they can give us evidence that will help ensure that patent protection is granted only for inventions which truly deserve it."
Publication of a patent application typically takes place about 18 months after it was first filed, and there is usually an interval of at least three months between the publication of a patent application and it being granted, giving the public the chance to comment on the contents of an application.
Published patent application files can be searched and viewed on-line, and there is no fee to file observations.
The observations themselves should relate to the patentability of the application and should be supported by evidence, such as a journal article or a technical bulletin. The person submitting evidence does not become involved in the examination process, although he may view any discussion between the examiner and applicant by inspecting the application file. If he prefers, he can make observations anonymously.
The new rules should help to make the observation process simple. It is also less costly than trying to attack a patent after it has been granted.
Similar procedures exist at the European Patent Office.
