Question

1. Ahmet develops a computer controlled system to alleviate traffic jams in urban areas. He applies for the patent on 12 January 2013 in Turkey. The application is published on 12 August 2014 and the patent is granted on 3 March 2015. On 4 March 2015 City of London contacts Ahmet and ask for a license to use his new invention. Ahmet who realizes that the invention is not protected in UK attempts to get a patent but finds out that James has already applied for almost the same system on 10 August 2014 in UK.

Answer the following questions accordingly

1. Is it possible for Ahmet to get a patent in UK? Evaluate in terms of novelty, priority right and alternative ways of application (PCT and EPC).

2. Is it possible for James to get a patent in UK? Evaluate in terms of novelty.

3. From whom should City of London seek permission to use the system? Ahmet of James of both or none?

Answer 1

Answer:-

1)

Ahmet can get a patent in UK by enrolling under the PCT, which is the Patent Cooperation Treaty. This is a worldwide system whereby documenting of one universal patent application under the PCT, the candidates will have the option to look for assurance for their development in various nations which are the individuals from a similar settlement.

Both Turkey and UK are a piece of PCT. In this way, if Ahmet have taken the enrollment or security for his development under the PCT which would take around 30 months for allowing the equivalent, at that point he will be ensured as for his innovation in UK additionally and would not be required to take an enlistment again in UK for the equivalent.

What's more, here both these states are a piece of EPC which is European Patent Convention, where by the award of patent security in one state is the award of insurance in the other part states too.

Subsequently, as Ahmet has just enlisted for assurance in Turkey which is a part state to EPC, he will be conceded the insurance with respect to this development in other part state in which UK is likewise included from the award date as portrayed by Turkey.

2)

Truly, James can likewise get a patent in UK gave his innovation is novel and nonobvious. It would be liked if gets the equivalent under the PCT or EPC as he would be ensured in the part nations likewise by enlisting in UK alone.

3)

As I would see it, city of London should look for permission to utilize the system from Ahmet itself concerning the time being or as on the date of permission chasing, Ahmet have his patent enrolled and as for James he has applied for the patent security just on 10 August 2014 which would set aside more effort to be allowed with the assurance.

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