2004-11-11 UK UKPO explains its role in patent lawmaking

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Someone posted an alleged response from the UKPO without specifying to which question posed by whom the response was directed and where it was published. The response explains how the Patent Office is in charge of "secondary legislation" in the Ministry and of lawmaking in the EU Council. It also illustrates once more how the UKPO is committed to influencing public opinion on the patent system in its favor.

Response to Inquiry (Janette McNeill, UKPO)

The UK Patent Office is part of the executive branch, namely the Department of Trade & Industry (DTI), and through DTI Ministers it is responsible to Parliament. As such it may publish information on issues for which it has responsibility. The information published recently reflects Government policy as decided by Ministers. It also includes the views of an SME, which was based on its own experience. We are also aware of other companies or individuals who have been able to use patents to gain a foothold in competitive markets, such as James Dyson (vacuum cleaners), Mandy Haberman (the Anywayup ® Cup) and Ted Prosser (inventor of "Paint-n-Grain" marketed by Ronseal). Other examples are given on websites such as !http://www.ideas21.co.uk/Inventors

In the United Kingdom, as elsewhere, Ministers are given the power to make delegated (secondary) legislation. In most cases - and certainly in the case of legislation in the field of patents - such legislation is subject to the control of the UK Parliament. Parliament itself makes primary legislation, such as the recent Patents Act 2004. Within Europe, DTI Ministers are involved as part of the Council in making EU legislation. And the Patent Office, as part of the DTI, naturally has a role in formulating the UK's position on patents issues (as well as on other aspects of intellectual property).

The Courts have sole competence to rule on the interpretation of the law, which the Patent Office then applies to individual cases. Its own decisions may be challenged through the Courts.

Janette McNeill The UK Patent Office