This is the first of a regular series of articles by patent attorney Dr. Chris Moore which will briefly comment on intellectual property issues which impact on the chemical industries.

This year will see some significant changes to the law which will impact patent filing and litigation strategies.  These changes will affect how UK chemical companies and their suppliers view and utilise their intellectual assets.

Closest to home, the so-called “Patent Box” will commence on 1 April 2013.  This phased-in benefit will eventually see the corporation tax rate for profits made from the sale of patented inventions fall to 10% (rather than 20/23% at present).  As the name would suggest, it is necessary to have a qualifying patent before a business can take advantage of the system. Therefore, it is expected that patent filing strategies will assume an even more important role during new product development or process roll-out.

Clearly, it is the UK government’s hope that the Patent Box, together with R&D tax credits and the reduction of the base line rate of corporation tax, will lead to a significant increase in UK-based innovation and a concomitant rise in high quality job creation.  The chemical industry is one which should be at the vanguard of the innovation effort.

Further afield, significant changes in US law come on track in March this year as the America Invents Act enters into law.  This may have profound ramifications in the chemical fields because of wide-ranging changes with respect to how inventiveness will be assessed by the US examiners.

There is change on the horizon in Europe too with the EU Unitary Patent looking likely to be enacted in 2014 subject to any last minute horse trading.

In the UK courts some big name trials involving chemical companies are expected this year.  The court diary has many listed in pharma/biotech space as well as in relation to agrochemicals.  It is also expected that some further clarification of the law around Supplementary Protection Certificates (SPCs) will be made. Reports on important decisions will follow in later editions.

All in all 2013 looks like a fairly busy year for IP in relation to the chemical industry.

Dr. Chris Moore is a partner with Harrison Goddard Foote specialising in chemistry and materials. He represents clients from the UK and further afield and has been consistently top ranked by attorney rating agencies.

©HGF 2013