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26 August 2016Patents

UKIPO to change process for naming inventors

The UK Intellectual Property Office (IPO) is set to change the way it processes its patent applications.

In May this year, the IPO asked for public comments on its proposal to change the way it processes applications for form 7s—the part of an application where the applicant explains why it has the rights to apply.

If the applicant of a patent is not the inventor, if there is more than one inventor, or if the inventor is a company, the applicant must send a statement of inventorship to the IPO.

This is done by  filling out form 7s,  where the applicant explains the grounds upon which it has the right to apply.

The form should be sent within 16 months from when the IPO receives the patent application or from the priority date if the applicant is not claiming priority from an earlier application.

The IPO would then send inventors a copy of the patent if they are mentioned in applications.

However, from September 1, inventors will no longer be notified, following discussions with stakeholders.

The IPO said the reasons for the change included the fact that the IPO is no longer legally obliged to notify inventors of their inclu sion in an application, that the majority of inventors are already aware of their inclusion and that many are employed by the applicant, or have assigned or agreed to assign their right to be granted a patent.

The IPO said: “We currently only notify inventors in applications which do not claim priority from an earlier application. This results in different processing depending on the type of application and we would like to standardise our approach in this area.”

Full details can be viewed  here.

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