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7

Basically patents are territorial grants, that is to say a patent granted in the US is enforceable in the US and cannot be enforced in other countries. To answer your question US entities cannot enforce US software patents or for that matter any US patents in the UK. I am certain about this, but back-up and constructive criticism is welcome.


5

As the second part of your question's been answered, I'll just answer the first part. Yes, both method and apparatus claims are both permissible for UK patents. Sometimes I write 'system' claims that are a bit of both! You are also correct that methods of doing business, and programs for computers are both excluded - insofar as the invention relates to ...


5

I suppose you mean that you have filed a patent application in UK (not granted yet) and want to seek protection in US as well. If such is the scenario, the reply is yes, there is a way out for a UK patent application to be recognized in US. In order, to have a patent in US for the same invention (that was filed in UK) one has to file a patent application in ...


5

The usual way to have a patent recognized outside your home country¹ is to make a PCT application. A majority of countries are PCT members (Taiwan is the most notable exception). The PCT application must be made within 12 months of the original UK application (in the general case, there are exceptions). Usually, at this stage, you have a preliminary report ...


4

Can retrospective damages can be sought in states designated by a PCT application before a national phase application is granted? It depends on the country, as this is not the subject of any international treaty. I will therefore talk about the US, UK and Europe, as you referenced these in your question. US Yes. Provisional rights are defined by 35 USC § ...


2

In the UK, this wording derives the Patents Act 1977 s 1(2), which provides (emphasis added): It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of - (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or ...


2

It means exactly what you think. The website is merely saying that there always is a way to make software be not software - claiming it as the physical interaction and not as software. Which is why saying software as such (meaning software as software) is not patentable can be interpreted as software is patentable as long as it is not claimed as software ...


2

Clearly non-unitary, as you state yourself. I am not acquainted with the specific procedures in the UK, but normally a request for additional fees or a request to excise the additional inventions (potentially from the claims AND description) will result. If inventions B-D are to be excised, the dependent claims can only depend from the independent claims ...


2

There are three main provision of the laws that might cause you problem and they all involve exporting to the US or encouraging others to do so. The primary statute on point is 35 U.S.C. 271(a)-(c). (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United ...


2

Good answers here are expected to be longer than one word. In this case the answer is the one word no.


1

For the second part of the question: Yes the U.S. application, under Article 4 of Paris Convention, would get priority from the U.K. application as-submitted regardless of the ultimate fate of the U.K. application.


1

Based on the rules, you seem to be looking at the wrong criterion. The end-user's goal is mostly irrelevant. What matters is where you innovation lies. If your innovation is in the end product, and would be present even if the end-user obtained the product using a process that did not involve software running on a computer, then the rule against patents on ...


1

The short answer is no, a US patent cannot be enforced in the UK. For a criminal violation, there would be at least some possibility of being extradited to the US and being prosecuted in the US for that criminal violation. Patents, however, fall under civil law, and at least as I understand the situation extradition can't be (or at least isn't) applied for ...


1

Thats a US patent. Follow the google link to espacenet and search the patent family tab for european/UK patents.


1

So your question actually raises two issues, which I will cover separately. Can I patent a genetically modified animal? Yes. In the US, it has long been practice to allow claims to non-human animals. A clear statement of this is at MPEP § 2105: [From 1987,] the Patent and Trademark Office would now consider nonnaturally occurring, nonhuman ...


1

One thing that people commonly misunderstand is the geographic reach of patents. US patent law is only going to apply to things that you do in the US (or import into the us), and you need a US patent for it to apply at all. If you have a US patent but no UK patent, infringing activities in the UK aren't impacted. If you have a UK patent but no US patent, ...


1

There is no such thing as a "worldwide patent" rather, each jurisdiction has self control over patents covering its territorial region. Thus, a US patent offers exclusive rights to the covered invention within the US while a European patent offers exclusive rights to the invention in Europe, etc. Someone with a valuable invention can get patent protection ...


1

Actually the title is ambiguous but the body of your question is more specific. You did make it clearer. Patent rights are territorial so no US patent "applies" in the U.K. for purposes of alleging infringement. On the other hand, the U.K. and every other patent office wants to only grant patents for things that are novel on a world-wide basis, particularly ...


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