Highlights
the Statute of Monopolies is still the basis of patent law today
1. there must be a manner of new manufacture that is not contrary to law or generally inconvenient;
2. the monopoly is for the exploitation of the patent (ie make, sell, use) during the patent term;
3. and it is first granted to the inventor(s) although of course the inventor can sell or licence the patent.
4. In return for this patent the inventor must disclose the invention, that is, must provide specifications for how the invention is made and works.
5. Duration The patent is for a fixed term, after which the public can make, use and otherwise exploit the patent. The original term was 14 years, which was two x seven year apprenticeship. Today the patent period is 20 years for a standard patent and 8 years for an ‘innovation patent’. Note that one can no longer apply for an innovation patents from 26 August 2021.
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