The UK Patent Office calls for comments on how the inventive step in patents can maximise innovation

The Patent Office has launched a consultation inviting innovators, scientists, engineers, businesses and legal professionals to comment on whether the "inventive step" that is required to make an invention patentable works in the best way for innovators and the economy in the United Kingdom.

Starting from an understanding of the purpose of the patent system, The Patent Office wants respondents to consider whether trivial patents are being granted and how well the current legislation maximises innovation and competitiveness.

The review centres on the inventive step which is currently required for a patent to be granted. This has been a feature of UK patent law since the introduction of the Patents Act 1977. The consultation is designed to ascertain the following:

• How the inventive step requirement is used in the UK patent system and how its use compares to other countries.
• Whether its parameters in the UK are set appropriately with respect to:
  1. the objectives of the legislation
  2. the impact on the role of the patents system in the economy
  3. the effect on third parties
  4. consistency and harmonisation with other countries, and
  5. patent quality
• Whether any aspect of the inventive step requirement should be modified.

Chief Executive of the Patent Office Ron Marchant explained that the consultation needs to strike a balance for all businesses and innovators: "We want our applicants to be able to make a contribution to the decision-making process. The consultation is asking them to weigh up how easy or hard criteria should be to meet".

"An inventive step requirement which is too difficult for applicants to achieve could result in inventions that might deserve a patent not receiving protection, thus hindering the applicant in research and investment. Alternatively, the danger of an inventive step which is too easy to meet is that patents could be obtained for small changes or improvements which hamper the legitimate activities of third parties. It is important that they help us to find the best solution."