Patent Protection and Patentability of the Exit Poll Machine Free Essay Example, 3000 words

In the case of Intalite International NV v Cellular Ceilings Limited, it was held that if the invention is not obvious on the skilled worker test, the invention will automatically satisfy the inventive step test and that it is necessary to evaluate the invention as a whole. Additionally, the invention must be capable of industrial application. Exclusions from patentability are included in sections 1(2) and 1(3) of the PA, which in general excluded scientific discoveries and mathematical methods and computer programs unless they can be established to produce a novel technical effect. An application may be made for the UK patent, for a European Patent designating a number of member states of the European Patent Convention (EPC) or under the Patent Co-Operation Treaty designating some of or all of the contracting states (www. uk) In all cases applications can be handled by the Patent Office in London, however, European applications can instead be filed directly with the European Paten t Office, in which case permission must first be obtained from the UK patent office to ensure that the application does not compromise national security as required under section 23 of the Patents Act 1977 (PA 1977). The filing date and priority date are important in the application process as this is the date the application is received by the Patent Office and the state of the art at the priority date that is considered when judging a patent for novelty (Macqueen, Waelde, Laurie, 2007). We will write a custom essay sample on Patent Protection and Patentability of the Exit Poll Machine or any topic specifically for you Only $17.96 $11.86/page