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
section21@patent.gov.uk.
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.
