Terrell on the Law of Patents

"Terrell on the Law of Patents" is a comprehensive treatise on UK patent law, first published in 1884 and now in its 20th edition. The book is authored by Thomas Terrell and David Young, and it has been a leading authority on UK patent law for over 135 years.

Key Themes

1. Patent Procedure:

   • The book provides detailed insights into the procedures involved in patent applications, including the determination of the priority date of an invention, the concepts of the person skilled in the art, and common general knowledge.

2. Patent Validity:

   • It extensively covers the grounds for invalidating a patent, including lack of novelty (anticipation), lack of inventive step (obviousness), and insufficiency.

3. Patent Litigation:

   • The book includes a detailed discussion on the general practice and procedure of patent litigation, including case management conferences, the Intellectual Property Enterprise Court, and the Short Trial Scheme.

4. Remedies for Infringement:

   • It addresses the remedies for infringement, declarations, and actions to restrain threats.

5. Historical and Legal Context:

   • The book includes historical and legal context, such as the Patents Act 1977 and its implications, including the exclusion of AI machines from being considered inventors.

Plot Summary

The book is structured into 24 chapters, each covering a different aspect of patent law. Here is a brief summary of the key chapters:

• Chapter 1: Patents - Introduction to patents and their nature.
• Chapter 2: The Nature of Patentable Inventions - What can be patented and what cannot.
• Chapter 7: Determination of Priority Date - How the priority date of an invention is determined.
• Chapter 8: Person Skilled in the Art and Common General Knowledge - The role of the person skilled in the art and common general knowledge in patent law.
• Chapter 9: Construction of Specification and Claims - How to interpret the specification and claims of a patent.
• Chapter 10: Invalidity and Grounds of Revocation - Overview of the grounds for invalidating a patent.
• Chapters 11-13: Specific Grounds for Invalidating a Patent - Detailed discussion on lack of novelty, lack of inventive step, and insufficiency.
• Chapters 21-25: Patent Litigation and Remedies - General practice and procedure of patent litigation, remedies for infringement, declarations, and actions to restrain threats.

Critical Reception

"Terrell on the Law of Patents" is widely regarded as a leading authority on UK patent law. Here are some critical points:

• Authoritative Commentary: The book provides the most detailed and authoritative commentary on law, practice, and procedure in UK patent law, covering every stage from application to infringement.
• Regularly Cited in Court: It is regularly cited in court, setting the standard by which others are compared, and is an essential reference for keeping up to date with the latest patent law developments.
• Expert Analysis: The text is updated by a team of intellectual property specialists from Three New Square, headed by Sir Colin Birss, providing dependable insight and expert analysis.

Overall, "Terrell on the Law of Patents" is a comprehensive and authoritative resource for anyone dealing with UK patent law, whether they are practitioners, academics, or students. Its detailed coverage and expert analysis make it an indispensable tool for navigating the complexities of patent law.