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- Published on: 2016-02-19
- Dimensions: 6.61" h x 2.40" w x 9.53" l, .0 pounds
- Binding: Hardcover
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A LONG ESTABLISHED AND STALWART REFERENCE FOR PATENT ATTORNEYS – THE “BLACK BOOK” NOW IN A NEW EIGHTH EDITION
By Phillip Taylor MBE
A LONG ESTABLISHED AND STALWART REFERENCE FOR PATENT ATTORNEYS – THE “BLACK BOOK” NOW IN A NEW EIGHTH EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
CIPA is “The Chartered Institute of Patent Attorneys” and this is the book that has been described in Floyd LJ’s foreword as the ‘stalwart of the profession.’ It has been so since the first edition appeared in 1980 and it continues to be so with this new eighth edition recently published by Sweet & Maxwell/Thomson Reuters.
Actually the provenance of this long established work of reference goes back even further. According to its co-editor Paul Cole, its precursors can be traced back to 1950 with the publication of the Patents Act 1949 by the then Chartered Institute of Patent Agents. The second edition of 1968 was published with the stated aim of providing “a manual for reference, if not daily, at least whenever any doubt arises on the provisions of the Act or Rules and above all, on the practice under them.” ‘The aim and format’ of what has become known as ‘The Back Book’, adds Paul Cole, ‘have continued unchanged to the present day.’
As ever, the aim of this publication has been to record and comment upon the multiplicity of changes that have taken place pertaining to patent legislation over relatively recent decades, including European and international developments. But wait, you might argue, patents and the legislation pertaining to patents go back a lot longer than, say, the twentieth century. And so they do, with section 6 of the Statute of Monopolies 1623 which linked patent eligibility ‘to the working or making of any manner of new manufacture within the realm.’ So, it has some history!
Returning to the present, it seems appropriate to quote the editor that ‘the law of patents in the UK is… no longer contained in any single act and keeping up to date with all the various changes remains a challenge.’
Fortunately we live in the age of the internet and more than several useful sites are mentioned in this volume. Also handy for readers who wish to remain up to date, is that anyone who purchases this book direct from Sweet & Maxwell will have the option if they so choose, of having their names recorded so that they can receive information about updating supplements issued approximately annually.
Another notable feature of the book include the many references to decisions not -- or not yet -- published in the law reports, (on patent and IP cases) but available elsewhere, such as in the British Library, The Times, and so forth.
While noting that this highly regarded and authoritative work of reference is an indispensable purchase for patent attorneys, lawyers in other specialisms will also appreciate its value, particularly in what Floyd refers to as ‘the new legal landscape’ in which profound changes in European patent law are taking place. It is worth pointing out here that the book presents the insights and commentary of almost two-dozen expert contributors, including barristers and solicitors as well as patent attorneys.
That said the book has over 1,600 pages of detail and is designed for ease of use with numbered paragraphs throughout, six appendices and a massive index at the back. Also note the research sources which include tables of cases, statutes, statutory instruments and court rules as well as tables of European Patent Office decisions. There is also a table of International Conventions, Treaties and Related Rules and Regulations… and a table of European Patent Office Guidelines.
Protected for the most part by patent law in all its intricacies, inventions and inventiveness have collectively become a prime driving force of economic progress over the centuries.
It is therefore not unfair or unreasonable today to say that this definitive work should be considered an essential purchase for all practitioner libraries.
The editors have stated the law as at January 2016.
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