Albright IP Limited

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Excluded Subject Matter

 

Most people know that patents protect inventions. But what exactly is an invention? This question is not precisely answered by the law. Traditionally, inventions have been seen as technical contributions to the sum of human knowledge, but this leads to an equally difficult question: “what is technical?”

 

In practice, any product or process is usually considered to be suitable subject matter for a patent unless it is specifically excluded from protection.  Although the Patents Act does leave open the possibility of further unmentioned exclusions, this has rarely been relevant in practice.

 

The various exclusions from patentability are set out below.  Note that each exclusion only applies to the extent that an application relates to excluded subject matter “as such”.  That is to say, an invention is not excluded simply because it includes an element which is not patentable.

 

A discovery, scientific theory or mathematical method

 

Abstract and purely intellectual ideas are excluded from patentability.  A discovery may be new and may be very significant scientifically and industrially, but you cannot prevent others from taking advantage of that discovery per se.

 

That said, discoveries, theories and methods often lead to practical inventions, and those inventions are patentable.  Some examples are given below.

 

  • The discovery that a particular known material is heat-resistant is not patentable, but a fireproof safe incorporating the material would potentially be an invention.
  • A material which has always existed (undiscovered) in nature is not patentable, but a process to isolate or extract this material may be an invention.  The isolated / purified material itself is also potentially patentable.
  • A theory as to how and why a known process works in the way it does is not patentable.  However, a better understanding of the mechanism behind the process may lead to improvements being made.  Those improvements would be patentable subject-matter.
  • A mathematical method involving particular operations on a set of numbers to reach another set of numbers is not patentable.  However, an image enhancement system which operates on a digital image to produce an enhanced image is patentable subject-matter, even though a digital image is of course a set of numbers.

 

A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever

 

The wording of this section closely corresponds to the definition of works which are protected by copyright.  Copyright affords a different type of protection, which is seen to be more suitable for works of this nature.  Patents apply to technical inventions, rather than artistic works.

 

It should be noted that an invention is not excluded simply because its purpose is an aesthetic one.  For example, a firework is not usually intended to serve a “useful” purpose, but the construction of a firework to give a particular visual effect is a technical matter, and may be an invention.  Likewise, a musical instrument is generally used only to perform musical works, but technical improvements which make the instrument sound better may be protected by patents.

 

It is also worth noting that subject-matter is not excluded only because it is visual.  For example, a squash ball characterised by its blue colour was granted a patent, because the blue colour allowed for enhanced visibility during a game of squash.

 

 

Schemes, rules or methods for performing a mental act, playing a game or doing business, and programs for a computer

 

This exclusion, and in particular “programs for a computer”, is probably the most controversial, most contested, and most confusingly unclear of all the categories of excluded subject matter.

 

Like the firework and the musical instrument examples, which are technical means to an aesthetic end, a technical invention which results in improved business efficiency will not be excluded as a business method.  For example, an improved voice recognition system which speeds up transcription of dictated letters is not necessarily excluded.  However, a business method characterised only by the use of a computer program in carrying out the method will not be allowed due to the combination of excluded categories.

 

A computer program may be patentable if the program provides a “further technical effect”.  For example, an invention involving computer software and enabling detection of the proper functioning of an anti-lock braking system was granted a patent.  An application, however, for a computer program implementing a fixed-odds betting system, was refused.

 

The law on patentability of software is still developing, and it is difficult to give general advice.  However, if you believe you have an inventive computer program, get in touch and speak to an attorney.

 

Presentation of information

 

Presentation of information is excluded from patentability, whether it is characterised by the content or the arrangement of the information.

 

Exclusion under this section is usually reasonably clear-cut.  Examples include an “electronic program guide” on a television, which was found to be no more than a rearrangement of information and therefore excluded.  A claim to a signal, encryption or compression scheme will usually be allowable, as long as it is defined in terms of technical features.

 

A method of treatment of the human or animal body by surgery or therapy, and a method of diagnosis practised on the human or animal body

 

The purpose of this exclusion is to ensure that patent law does not interfere with a doctor who treats his patient.  Patents cannot be granted to methods of treatment and diagnosis.  This does not however exclude drugs or medical implements, and pharmaceutical companies are indeed some of the most prolific users of the patent system.

 

A method of treatment is only excluded if it is by surgery or therapy.  “Therapy” has been held to imply that there must be something wrong with the patient, that is, that the therapy must aim to cure or prevent some disease.   A method of chemical contraception is not considered to be therapeutic, since pregnancy is not a disease.   Likewise, treatments of animals which improve for example the quality of the wool, meat or other products are not excluded, because they are not treating diseases of the animal.

 

Methods of diagnosis are only excluded if they are performed on the body.  An extra-corporeal method which involves, for example, taking a sample of blood and carrying out tests on the blood sample may therefore be patentable.  In addition, to fall within the exclusion the diagnosis must beof an illness.  A pregnancy test or fitness test may therefore be patentable.

 

A method of diagnosis must include the deductive step which leads to a diagnosis and a recommended treatment.  A test which measures a particular characteristic of the body (for example, blood pressure) is not in itself a diagnostic method, even if the results are subsequently used by a doctor in reaching a diagnosis.

 

Inventions contrary to public policy or morality

 

Patents cannot be granted for inventions the commercial exploitation of which would be contrary to public policy or morality.  This exclusion is in practice very rarely applied, and the bar for a “moral” invention is set very low indeed.  The Patents Act goes on to say that inventions which are illegal in the United Kingdom are not necessarily excluded under this section, and it seems possible that there may be circumstances where the converse is true and an invention is immoral although its use would break no law.

 

Examples of inventions which are considered to be immoral include anti-personnel mines and cluster munitions, which are also illegal in the United Kingdom.

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What Our Customers Say...

Albright IP Limited
Albright IP Limited
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David Chalk
David Chalk
21:43 02 Jun 20
Great service, attention to detail and truly actionable advice. I've no hesitation in recommending Albright IP and Adrian in particular. Many thanks.read more
George Tatham-Losh
George Tatham-Losh
13:29 05 Feb 20
Fantastic service as always, detailed, informative and all the hard work was done with minimal input from myself. I have been working with Katie and her fantastic team for years and would highly recommend.read more
Christopher James
Christopher James
16:59 20 Jan 20
Choosing Albright IP was one of the best decisions I have made. Adrian and Cloe have both helped me tremendously so far, they are very professional, friendly, prompt and always there to help and answer any questions. Katie Oliver has also been wonderful assisting with the trademark. Thank you all and looking forward to continue to work with you.read more
Richard Hearn
Richard Hearn
16:05 22 Nov 19
Excellent professional advise and extremely honest and upfront people. Many thanks Adrian and your team!
Brian Gibbs
Brian Gibbs
07:32 23 Aug 19
I have absolutely no hesitation in recommending Albright IP Ltd having received superb service and support throughout. Every query I raised was dealt with professionally and very quickly by Will who provided fully detailed and regular updates as well being approachable and friendly at all times. I have full confidence in Albright IP!read more
Warren Philbey
Warren Philbey
10:54 18 Jul 19
From the first call I had a great feeling, polite, friendly, informative and professional. From then it just got better and after a great deal of help and support in understanding our needs we contracted with Albright and they did a fantastic service, exceeding any expectations and proving themselves to be a truly wonderful company to work with. 10 stars! A big thank you to Adrian and his team.read more
Terence Hodgson
Terence Hodgson
23:06 12 Jun 19
I have not had reason to contact Albright for several years since the granting of my Patent but quite recently I did get in touch. It was as I remembered, friendly, professional, honest and informative. It appears that Adrian and the Albright team are there for me no matter the length of time. T Hodgson. UMU HSA Ltdread more
Paul Sims
Paul Sims
12:40 12 Apr 19
Adrian and The Albright Team are Professional and Helpful. It has is a real gem to found such great people to act as part of my extended legal team regards Patents. I am pleased to recommend and have them represent my Registered Patents. Thank you. www.thebluebearpartnership.comread more
Nick Ball
Nick Ball
19:16 12 Mar 19
High quality service at a reasonable price. With Albright you feel you're in very good hands. Marc was always courteous, responsive, well informed and generous with his time. I would have no hesitation recommending Albright or working with them again.read more
Andrew Stewart
Andrew Stewart
16:27 26 Feb 19
Great depth of expertise, advice and counsel. Not only expert advisors, Albright IP provide valuable, balanced and cogent advice on complex (and simple) matters of patent and trademark law. Delivered with great clarity, always available and keen to provide balanced perspectives in support of good outcomes. Great partners, highly recommend.read more
Simon Bradbeer
Simon Bradbeer
11:37 05 Feb 19
After leaving a well known London based attorney Albright IP were recommended to me by a colleague within the group. Since then Adrian and his team have consistently given me superb advice and support whatever the project. With their help the company has been granted a number of robust patents, registered designs and trademarks.read more
Scott Johnson
Scott Johnson
14:59 11 Jan 19
I have known Adrian Hocking for over 10 years. The service he and his colleagues offer is professional, transparent and friendly. If you have an idea that is either completely new or you think is a step-change from what is currently available, I recommend that you contact Albright IP.read more
Hannah Azar
Hannah Azar
11:10 24 Dec 18
Adrian is an exceptionally talented and experienced patent attorney. I was very impressed by the quality of work produced by the team at Albright. A fast, helpful and friendly service.read more
Oliver Pearce
Oliver Pearce
19:11 01 Dec 18
Fantastic one to one service. Knowledgeable. Friendly. Competent. And very rapid response to queries. Very impressed!read more
Simon Folmann
Simon Folmann
21:32 26 Nov 18
Adrian Hocking and Albright IP have offered us excellent service, and expertise over the last 12 months. They explain in detail the processes, implications, and opportunities with obtaining and securing Intellectual Property and for a Product Development company such as ours, it is crucial that the terminology and quality of work be above industry standard. I can with high confidence say, that the delivered work so far from Albright IP and their team, is unparalleled to prior partners we have had in IP; and I am sure it will continue to do so in our future endeavours together.read more
Martin Boyd
Martin Boyd
15:17 03 Nov 18
Excellent technical and legal knowledge. Amazing friendly customer service catered to individual customer needs. Highly recommended.read more
Mike N
Mike N
16:14 08 Oct 18
Albright-IP - We can highly recommend Albright-IP, after contacting several patent companies prior to application - we were after a patent company to offer realistic and practical advice, be able to process our claim from start to finish, After speaking with Mr Doherty on the telephone we decided Albright -IP would be able to offer the skills and knowledge required for our application and asked them to represent us. Albright-IP were on hand to explain the complexities of the process and how our claim may or may not be defended in the real world, Mr Will Doherty is our patent attorney, he was professional and attentive, his knowledge and customer service is very good. We are confident our patent application is in good hands and we are pleased to have Alrbight IP there to assist us with our application, without their input we may well have been wasting our time due to our lack of knowledge in this complex matter.read more
Jeffrey Chua
Jeffrey Chua
08:47 14 Sep 18
We worked with Albright IP Limited on patent applications in EU and UK, specifically through Cloe Loo. Cloe and her team have done a fantastic job. We were glad to have assistance from Albright on our patent application journey. I am impressed by the team's professionalism and we will be engaging Albright to be our long-term legal adviser in patent applications.read more
Graham Kelly
Graham Kelly
17:49 07 Sep 18
I have a granted patent! thanks to Will and the team at Albright. ? Friendly and helpful service, it's great how they can very quickly grasp the required understanding of your idea and put pen to paper and draft a patent. Will was great at pointing out what are valid aspects of my idea and taking me through the process of what that means in patent language! A few more steps to go to hopefully gain the overseas coverage. ?read more
Geraint Morgan
Geraint Morgan
09:44 21 Aug 18
Albright IP provided an excellent, efficient, affordable high quality service that made the whole patent filing experience an enjoyable one - contrary to previous experiences. We are certainly more likely to consider patenting our innovations in the future based on our recent experience and would highly recommend Albright IP to others.......read more
Don Spence
Don Spence
12:07 09 Aug 18
Filing patents can be a steep learning curve but Adrian does an excellent job explaining the process. Adrian and his associates are easy to contact and they will always answer your questions. Money and cost are important and the Albright team do their best to make sure your $$ is spent in a wise fashion. After working with Albright for 6 years, I am happy with their work and I have no reason to change companies. My many thanks for professional service.read more
Graeme Allison
Graeme Allison
22:54 31 Jul 18
Adrian and his team provided and excellent service, their technical understanding is fantastic and patent advice has been impeccable, I’d highly recommend Albright IP should you be looking for patent expertise.read more
Mark Hendriksen
Mark Hendriksen
16:12 17 Jul 18
Exceptional. Guided me through the process in clear understandable steps. Hoping we have a long and successful future ahead with the patents they've so expertly managed for me so far.read more
jing cheng
jing cheng
13:12 19 Jun 18
I contacted Adrain for advise in a short time frame. He is very professional and clear about price policy. He has very good understanding of online business and IP law. He is very quick responding and speakes the language I understand. Highly recommended.read more
Lorenzo Rimoldi
Lorenzo Rimoldi
12:44 07 Jun 18
Adrian was very helpful, upfront and clear on processes, costs and timeline. He's very professional and proactive in his involvement and support. I would definitely recommend Albright IP.read more
Mohammed Deria
Mohammed Deria
04:06 01 Jun 18
Adrian is a true professional at the top of his field! Due to his background in engineering, Adrian effortlessly understand the needs of his client even when it is highly technical in nature. An attentive ear and huge generosity with his time, Adrian's support to us as a client has been extremely valuable. I would highly recommend Adrian and the team at Albright IP for protecting your IP.read more
Guy Procter
Guy Procter
17:36 21 May 18
What can I say, excellent help so far! Very clear and helpful service, explained in terms you can understand covered everything I thought I needed and then some more to give me all the options available. More than willing to recommend Albright IP.read more
Kirishan Siva
Kirishan Siva
09:14 17 Dec 17
The Albright team were extremely helpful and knowledgeable in the whole patent process for our product and went through each process in registering patent to help us understand this fully. Highly recommend Adrian and team for their knowledge, efficiency and professional service!read more
Jade Baron
Jade Baron
16:05 25 Nov 17
Adrian Hocking at Albright handled my recent patent application. I've been very happy with his service. He was very responsive to my questions and explained everything thoroughly. He was very supportive of my idea and consistently positive, which was also helpful. Albright has relationships with various other businesses that help inventors, so it's kind of a like a one-stop-shop. Highly recommend.read more
Meopham Fencing
Meopham Fencing
15:27 08 Nov 17
Great advice and customer service at a reasonable price. They have enabled us to finalise our case satisfactorily. Would happily recommend them and use them again.read more
James Garritt
James Garritt
09:17 17 Oct 17
Adrian and his team have been fantastic in all works asked to do. They have ensured my idea has been protected in every way. They have helped with the design process also and I could not wish for a better team. You may be paying a little more than you feel is expected....but you get what you pay for and you probably save money in the long run. Highly recommended.... use without worry.read more
Tony Laycock
Tony Laycock
16:06 02 Oct 17
I have found that the company has given me excellent service in getting my patent through the process. Every time I have had a phone conversation I have felt I was given plenty of time to discuss what was happening. Along with sound advice I have been able to make great progress. In my opinion it is one of the best companies I have ever dealt with and would be happy to recommend them.read more
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Helpful Tips

When can I talk about my invention?

The general rule is ‘file your patent first, then disclose’. Some countries, eg. USA, do allow disclosure first and then filing within 12 months. But most countries do not, and thus a non-confidential prior disclosure will ‘knock out’ your patent.

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Cheltenham Head Office

Albright IP
County House
Bayshill Road
Cheltenham
Gloucestershire
GL50 3BA
United Kingdom

 

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Pool Innovation Centre
Redruth
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5 Merchant Square
London, W2 1AY

 

See the Contact Us page for details

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Cheltenham: +44 (0)1242 691801
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Email: info@albright-ip.co.uk

Vat No: 891 4780 86


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