Intellectual Property Office (United Kingdom)
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The Intellectual Property Office of the United Kingdom (often The IPO) is, since 2 April 2007, the operating name of The Patent Office. It is the official government body responsible for intellectual property rights in the UK and is an executive agency of the Department for Business, Energy and Industrial Strategy (BEIS). Some work on copyright policy is shared with the Department of Culture, Media and Sport and plant breeders' rights are administered by the Plant Variety Rights Office, an agency of the Department for Environment, Food and Rural Affairs.
Responsibilities [ edit ]
The IPO has direct administrative responsibility for examining and issuing or rejecting patents, and maintaining registers of intellectual property including patents, designs and trade marks in the UK. As in most countries, there is no statutory register of copyright and the IPO does not conduct any direct administration in copyright matters.
The IPO is led by the Comptroller General of Patents, Designs and Trade Marks, who is also Registrar of Trade Marks, Registrar of Designs and Chief Executive of the IPO. Since 1 May 2017 the Comptroller has been Tim Moss, following the resignation of John Alty who had been Comptroller General since 2010. The Comptroller General before Alty was Ian Fletcher, who had taken over after the retirement of Ron Marchant on 30 March 2007. The previous Comptroller General was Alison Brimelow (who was afterwards President of the European Patent Office).
Substantive duties [ edit ]
The existence of the Patent Office and the post of Comptroller General are required by the Patents and Designs Act 1907 (though most of the remainder of this Act has been repealed), but the substantive duties of the IPO are set out in other legislation, including:
- The Registered Designs Act 1949
- The Patents Act 1977
- The Copyright, Designs and Patents Act 1988
- The Trade Marks Act 1994
Each of these Acts of Parliament has been extensively amended since it was first passed.
History [ edit ]
The forerunner of the Patent Office, the Office of the Commissioners for Patents, was established by the Patents Law Amendment Act 1852 and opened on 1 October that year. While this is claimed as the date the modern Intellectual Property Office was created it was in fact created later, along with the office of the comptroller under the Patents, Designs and Trade Marks Act 1883 (s 82).
There had been a Patent Bill Office, under the control of the Attorney General, which was part of the old patent system. It had been located in Lincoln's Inn.
Significantly, the process of applying for a patent was extremely complicated and largely set up to ensure fees were paid to various officials (patent fees formed a significant part of the stipend of the Attorney and Solicitor General). The Patents Law Amendment Act 1852 brought the process of patent grant into a single office serving the whole of the United Kingdom (where previously a petitioner had had to apply and pay fees to several offices, and to obtain separate patents for each of the UK's constituent nations).
Initially, people applying for a patent often used to submit a detailed model of their submission; these were retained and the collection became known as the Patent Museum (opened to the public in 1863 in South Kensington, it went on to become a core collection of the new Science Museum there).
Despite having been established solely for the administration of patent law, in time the Patent Office took on other responsibilities, including registered designs in 1875 and registered trade marks in 1876. More recently, having also acquired responsibility for copyright regulation, the Patent Office has become known as the Intellectual Property Office.
On 1 October 2008, the position of the Company Names Adjudicator was introduced under the Companies Act 2006. The Company Names Adjudicator's powers are enforced through the Company Names Tribunal which forms part of the Intellectual Property Office.
Location [ edit ]
From its early days, the Patent Office was based in the Chancery Lane area of London, where it eventually spread to fill the area between Furnival Street and Southampton Buildings. The principal entrance was at 25 Southampton Buildings, where a purpose-built headquarters was constructed in 1899–1902 (architect: Sir John Taylor). The principal interior space was the Library, a "harsh but spectacular space 140ft long, lit from skylights and a clerestory, with two tiers of steel-framed, fireproofed galleries on cast iron Corinthian columns". Designed to allow members of the public to consult patent records, it also contained a very extensive collection of technical and scientific publications, which in 1967 was transferred to the British Library.
In 1991, having outgrown its original premises, the Patent Office moved to Newport, South East Wales, where the IPO headquarters remains to this day. A small branch office in London has been maintained for the benefit of the large professional community based there and for communication with central government.
See also [ edit ]
- Copyright law of the United Kingdom
- Departments of the United Kingdom Government
- Chartered Institute of Patent Attorneys (CIPA)
- Institute of Trade Mark Attorneys (ITMA)
- Intellectual Property Regulation Board (IPReg)
- IP Federation (formerly the "Trade Marks, Patents and Designs Federation" or TMPDF)
- Patents County Court (PCC)
- Patent office
- Software patents under United Kingdom patent law
- Company Names Tribunal
- Police Intellectual Property Crime Unit (PIPCU) – Funded by the Intellectual Property Office
References [ edit ]
- The change was recommended in the Gowers Review of Intellectual Property, see Governance: Recommendation 53 Archived 11 October 2008 at the Wayback Machine, Intellectual Property Office web site. Consulted on 25 April 2008
- Intellectual Property Office, Intellectual Property Office web site. Consulted on 16 January 2019
- Section 62 of the Trade Marks Act 1994
- Section 44(1) of the Registered Designs Act 1949
- Tim Moss, Chief Executive and Comptroller General, Intellectual Property Office web site. Consulted on 10 August 2017.
- John Alty, Director General, Trade Policy
- Patent Office press releaseArchived 29 September 2007 at the Wayback Machine, 20 March 2007
- Official website: History of the IPO.Archived 3 August 2014 at the Wayback Machine
- Pevsner, Nikolaus; Bradley, Simon (1997). The Buildings of England – London 1: The City of London. London: Penguin.