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Details
Now in its nineteenth edition, Terrell on the Law of Patents has been the authority on UK patent law for over 135 years. It provides the most detailed and authoritative commentary on law, practice, and procedure – comprehensively covering every stage from application to infringement.
It includes advice on the fundamental aspects of patent law as well as more specialist issues such as FRAND, SPCs and licenses. The text is updated by a team of intellectual property specialists from Three New Square headed by Sir Colin Birss to provide you with dependable insight and expert analysis.
This new edition includes:
- Reworked chapters on construction, novelty, obviousness, infringement, and threats.
- Analysis of the Supreme Court decisions in Lilly v Actavis (doctrine of equivalents); Warner-Lambert v Generics (plausibility and infringement of second medical use patents); and Actavis v Icos (obviousness)
- The FRAND chapter has been revised to consider Unwired Planet v Huawei, and Conversant v ZTE & Huawei
- The chapter on threats has new analysis of the Intellectual Property (Unjustified Threats) Act 2017
- Additional commentary on the latest procedural rules in the Patents Court, IPEC, and the Shorter Trial Scheme
Regularly cited in court, Terrell continues to set the standard by which others are compared and is an essential reference to help keep you up to date with the very latest patent law developments.
- Rigorous analysis of the most significant case law from all levels of the UK Courts, the European Patent Office, the UK Patent Office, and the Appeals Boards.
- Detailed explanations of the application process for UK national patents and European patents.
- Addresses the issue of entitlement and answers the key questions: who may apply for a patent and who may be granted a patent?
- Applying for a supplementary protection certificate, the conditions for granting SPCs, and their effects.
- FRAND licensing, undertakings, and the nature and scope of obligations.
- Outlines the grounds for revocation as defined by the Patents Act 1977.
- Different types of invalidity including lack of novelty, obviousness, and insufficiency.
- Clarifies the principles of patent infringement to ascertain whether or not there has been an infringement, as well as outlining statutory exceptions and other defences.
- Discusses actions for infringement and looks at the parties involved, claims forms, trial procedure, and remedies.
- Covers the procedural requirements and case management process in the Intellectual Property Enterprise Court.
- Analyses second medical use claims, human genome sciences, and central amendments to patents.
- Explains compulsory licenses and licenses of right.
- Includes relevant statutory material as well as sample precedents and pleadings.
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- Patents
- The Nature of Patentable Inventions
- The Application
- Entitlement
- The Granted Patent
- Supplementary Protection Certificates
- Priority Date
- The “Person Skilled in the Art” and Common General Knowledge
- Construction of the Specification and Claims
- Invalidity and the Grounds of Revocation: A Bird’s Eye View
- Invalidity due to Lack of Novelty (Anticipation)
- Invalidity due to Obviousness (Lack of Inventive Step)
- Invalidity due to Insufficiency
- Patent Infringement
- Amendment of Specifications
- Devolution, Assignments and Licences, Co-ownership and Registration
- Compulsory Licenses and Licenses of Right
- FRAND
- Practice and Procedure
- The Intellectual Property Enterprise Court
- Remedies for Infringement
- Declarations
- Action to Restrain Threats
- Use by the Crown
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Richard Miller QC
Guy Burkill QC received a first class honours degree in engineering from Cambridge University. He was called to the bar in 1981, receiving Middle Temple’s Campbell Foster prize, and has always practised in IP. He took silk in 2002. He specialises in patent litigation, notably in cases with a high technology component.
His Honour Judge Colin Birss QC was appointed as a judge of the Patents County Court and Chairman of the Copyright Tribunal in October 2010. He took silk in 2008. Before his judicial appointment Colin Birss had an established practice at the bar in the field of intellectual property law.
Douglas Campbell took first class honours in Chemistry at Oxford, where he was awarded the Turbott Prize and placed second to the Gibbs Prize; and the top distinction from City University in its Diploma in Law. A former Inner Temple Major Scholar and Pegasus Scholar, he is a member of the Attorney-General’s Panel of Junior Counsel to the Crown.
All four authors are members of Three New Square, a set of chambers specialising in intellectual property law and recently voted IP/IT set of the year for 2010 by Chambers & Partners.
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“If you quote from Terrell, then you know you have the weight of authority on your side.” (Shane Smyth, Marques Class 99)
