As announced in the Queen’s Speech last week, the Government has unveiled reforms to the design rights and patents framework that could see infringers facing jail sentences and fines.
Following consultation on the plans, the Government has unveiled details of a draft Intellectual Property Bill that would introduce potential criminal and financial sanctions against those making unauthorised copies of registered designs.
In addition, the Government has set out proposed reforms to the UK’s patents law framework, which would include expanding the patents opinions service (POS) currently offered by the Intellectual Property Office (IPO).
Currently under the POS, the IPO can issue opinions on questions relating to the validity of patents that have not previously been looking by it examiners, although the opinions are non-binding. Under the draft Bill however, a patent assessed under the POS would be able to be revoked if the IPO deemed it invalid.
Other measures include allowing the sharing of information, between international patent offices, on unpublished patent applications to help clear existing backlogs and speed up clearance times.
As a result, UK businesses that also apply for European, US and Japanese patents, in addition to a UK patents, could increase the value of their patents by £4.2million per annum.
Patent owners will have the option of marking their patented products with a web address which links to the details of the relevant patent number rather than having to put the patent numbers directly on the product in order to get maximum protection.
This change will reduce the burdens on businesses and individuals who own patents, whilst also making it easier for the public to access up-to-date patent information in relation to a particular product.