Invention Definition

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GLOSSARY

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What does Invention mean?

An invention, in the context of patent law, is something which has technical character, solves a technical problem and has technical features.

An invention with these features where it is novel, inventive and industrially applicable is patentable.

View the related checklists about Invention

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

Intellectual property due diligence in asset purchase transactions—checklist

Intellectual property due diligence in asset purchase transactions—checklist This Checklist has been drafted for use by the buyer and is designed to highlight issues commonly arising, and key questions that should be asked, when undertaking due diligence in the course of an asset purchase transaction, where a buyer is acquiring a business in its entirety or specific business assets. This focuses on IP assets and rights aspects of the transaction and is intended to be used in conjunction with due diligence enquiries in other areas such as IT and as to financial position. For information about the corporate aspects of such transactions, see: Asset purchase agreement—overview. For further information, see Practice Notes: • IP issues to consider in asset purchase contracts • Buying a software business—key considerations • Corporate transactions for technology lawyers • Asset purchase transactions—IP issues—checklist For example agreements, see Precedents: • IP due diligence questionnaire • Assignment of intellectual property rights (asset purchase) (long form) • Assignment of intellectual property rights (asset purchase) (short form) • Intellectual...

Patentability and exclusions from patentability

This Practice Note introduces the requirements under the Patents Act 1977 (PA 1977) and European Patent Convention (EPC) for something to be considered patentable.What is a patent?Patents protect new inventions and may cover aspects such as how things work, what they are made of and how they are made. The rationale behind patents is that they encourage innovation by rewarding the patent owner (patentee) with up to 20 years during which they can prevent others from making, using, importing or selling the invention without permission (even if they are not deliberately infringing). For more information about what patents are and what they protect, see Practice Note: Introduction to patents.Patents are registered rights which are granted following a formal application and examination procedure. There are two types of UK patents:•UK national patents (UK patents)—these are examined and granted by the UK Intellectual Property Office (IPO) under the provision of the PA 1977•UK designations of European patents (EP(UK) patents)—these are examined and granted by the European Patent Office (EPO) under the provision of the EPC and validated in...

The effect of tax on the quantum of damages

The effect of tax on the quantum of damages This Practice Note describes the effect of tax considerations when a court decides how much to award a claimant as damages for a financial loss. It also considers the account that a court will take of tax when calculating any interest component of the award. The court's aim will be to award an amount of damages that will place the claimant in the same position as if the wrong or injury (for instance negligence, misrepresentation or breach of contract) had not taken place. This means that it may be relevant to consider: • any tax that will be payable on the damages award (see Practice Note: Direct tax treatment of damages and compensation payments), and/or • the tax that would have been payable if the wrong or injury had not taken place—for instance, if the damages are to compensate the claimant for a loss of trading profits, whether the claimant would have been taxable on those profits...

Discover our 162 Practice Notes on Invention

Memorandum on the responsibilities and obligations of a director of an AIM company

Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...

Legal due diligence questionnaire—private M&A—share purchase

Legal due diligence questionnaire—private M&A—share purchase Dated [insert date] Introduction This legal due diligence questionnaire relates to the proposed purchase by [insert buyer name] (the Buyer) of the entire issued share capital of [insert name of target company] Limited incorporated in England and Wales under number [insert company number] (the Company) from [insert seller name] (the Seller) (the Proposed Acquisition). This questionnaire is designed to enable the Buyer, the Buyer's solicitors and other professional advisers involved in the Proposed Acquisition to obtain the information which the Buyer requires to assist in its valuation of the Company. Please answer every question fully. Please provide your answers in italics underneath each question and provide copies of all relevant documentation, ensuring that all answers and documents are clearly marked by reference to the appropriate paragraph of this questionnaire. We reserve the right to raise further enquiries in respect of both your responses to this questionnaire and generally. Definitions Business • means the business of [insert...

Dive into our 49 Precedents related to Invention

How do I protect a new idea for a product?

How do I protect a new idea for a product? Keep it a secret If you have a new idea about how to do or make something, resist the temptation to tell people about it or publicise this, as patent law dictates that doing so will usually destroy the ability to patent that idea. Seek advice from an IP lawyer or a patent attorney An IP lawyer or a patent attorney will be able to tell you whether the idea is protectable under a patent or not. Patent law is complicated such that not every type of idea is automatically allowed to be protected by a patent. For example, they will be able to give you an idea of whether someone else has already obtained a patent for this invention. An example of a difficult area is patents for inventions that are all about software. It is advisable to consider alternatives as well. If the idea is not protectable with a patent, it may be protected in other ways,...

What are IP rights?

What are IP rights? Basic concept Most people are familiar enough with the idea that owning tangible property, such as a car or some land, carries with it some rights, such as not to have it stolen or damaged. So that people are incentivised to create things or new ways of doing something, the law provides rights to creators. These rights are to property, generated by someone's creativity, and they are similar to rights in property such as land—they can be sold, rented out or even mortgaged, and they cannot be trespassed on without the owner's consent. The owner has a right to keep other people away from exploiting this intellectual property (IP), for example stopping them selling the products containing the ideas protected by the IP. There are limits to that right to keep people away, because the intention is that the owner's exclusive rights should not extend so far that competition and free markets are stifled. Creative output could be viewed as a spectrum of activities,...

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Life Sciences weekly highlights—14 November 2024

This week's edition of Life Sciences weekly highlights includes analysis by Gill Jennings & Every LLP of the impact of the UK Intellectual Property Office’s (UK IPO) statutory guidance on changes to marketing authorisations and SPCs for medicines from 1 January 2025 and case analysis by Penningtons Manches Cooper LLP of the BioNTech & Pfizer v CureVac patent dispute that revoked CureVac’s patents on ‘split poly(A) tails’ mRNA technology used to develop coronavirus (COVID-19) vaccines. Also included, is news that the MHRA published guidance on implementing changes to the advertising and promotion of medicines authorised in the UK after 1 January 2025 further to the Windsor Framework, the European Commission has issued guidance on implementing the mandatory notification system for medical device shortages and it substantively revised its vigilance guidance for medical devices, the World Medical Association adopted the 2024 revision of the Declaration of Helsinki for medical research ethics, the UK HRA welcomed the Sudlow Report reviewing the UK health data landscape and released a draft model Commercial Chief...

Patents court revokes two mRNA patents relating to vaccine technology (BioNTech & Pfizer v CureVac)

Life sciences analysis: This case concerned the messenger RNA (mRNA) technology used to develop BioNTech and Pfizer’s Cominarty coronavirus (COVID-19) vaccines. BioNTech and Pfizer (together, BioNTech/Pfizer) issued proceedings to revoke two of CureVac’s patents, EP (UK) 3 708 668 and EP (UK) 4 023 755 (together, ‘the Patents’). There was no dispute that the Cominarty vaccines infringed these Patents, if they were valid. The Patents concerned ‘split poly(A) tails’ in mRNA and their use to produce vaccines. CureVac asserted that the invention claimed by the Patents improved protein expression, which ultimately enabled the use of mRNA to formulate vaccines. The judge found that the patents were invalid for insufficiency owing to (1) lack of plausibility and (2) because the technical effect did not exist across the scope of the claims. The patents were also found to be obvious over a prior art citation called Thess. A further attack on the basis of added matter failed. Written by Dr Amanda Easey, senior associate at Penningtons Manches Cooper LLP.

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