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Guidelines for the Examination of Patent Applications for Chemical Inventions in the United Kingdom
date: 2014-01-01


1. This guide sets out the practice of the Intellectual Property Office


( "Patent Office" ) , Because it involves patent applications for inventions in the field of chemistry.


The relevant legislation is 1977 years "Patent law" , Then the law and 2007 Annual patent rule. This legislation is to be interpreted in accordance with the case law of the English courts. It also reflects the fact that: There must be an international convention (Such as the European Convention Patent Convention (EPC) And conventions on decisions and opinions made under them. Therefore, The decision taken by Britain vs 1977 The courts in relation to patent law are binding on our practice, And the European Patent Office (EPO) The appeal committee's decision was persuasive. British court decisions based on previous legislation can also be persuasive, It depends on 1977 To what extent did the 1996 Act change this aspect of patent law.



Any comments or questions arising from this Guide should



address: Simon Grand, Intellectual Property Office 1G92 room, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ (telephone 01633 814964) or Jason Scott, Intellectual Property Office 1B15 room, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ (telephone 01633 814994) .



Basic precautions



2. The majority of patent applications related to chemical topics will determine novelty, Fundamental questions and explanations of creative and industrial applications should be sufficient and should support these claims. Patent practice manual ( "manual" ) Is the examiner's primary source of information on the current practice of the Patent Office


1977 Annual act, These guidelines are intended only to supplement the guidelines given in the manual. Therefore, More recent than these guidelines in cases where the manual has been updated, The instructions in the manual should follow. Chemical inventions are considered the same as other technological inventions; however, The court's special questions arise in chemical cases, Particularly in the medical and pharmaceutical sectors. Therefore, This guide aims to help examiners highlight relevant case law in two ways, And provide guidance on it where appropriate


The rulings in which emphasis is applied are mainly those of the English courts, But it also references EPO The relevant decision of the appeal Committee


In the previous paragraph, The board's decision was persuasive, But it is not binding


In some cases, The British decision does not allow the board to decide/EPO Practice follow. For example, British courts have yet to approve G2/88 MOBIL OIL/Antifriction agent and G6/88 BAYER Appeal decision of


On the effects of new technologies on known chemicals (See Applicability for Use and section below 23 Segment of Mobil oil) .



For more details, please click herehttps: //www. worldip. cn/uploadfile/2014/1202/20141202094722117. pdf