What is the term of a European patent?
22 July 2016
Authors: Mike Snodin and Jim Boff
CIPA Journal (July 2016)
This article, which was first published in the July 2016 edition of the CIPA Journal, explains the numerous reasons why the term afforded to patents in the UK is a day too short. It also explains why this fact leads to a conclusion that the UK is, and always has been, in breach of its obligations under both the European Patent Convention and TRIPS. The article therefore urges an amendment of UK patent law, such that a patent that reaches its maximum term has a last day in force that is the 20th anniversary of the effective filing date of the patent.