Too many trivial patents granted in UK?

The UK Patent Office (UKPO) has launched a public consultation to examine how well the current patent system works and whether too many trivial patents are being granted.

One of the main criteria of patentability under UK patent law is that 'inventions' must "not be obvious to someone with a good knowledge and experience of the subject", according to the UKPO. But now it wants to find out whether this requirement meets the needs of inventors, the public at large and the UK economy.

"Are too many 'trivial patents' being granted? Or are innovation and competitiveness best served by easy patenting with low hurdles?" asks the UKPO.

Ron Marchant, chief executive of the UKPO, said it is important to strike the right balance with the criterion of inventiveness.

"An inventive step requirement which is too difficult for applicants to achieve could result in inventions that might deserve a patent not receiving protection, thus hindering the applicant in research and investment. Alternatively, the danger of an inventive step which is too easy to meet is that patents could be obtained for small changes or improvements which hamper the legitimate activities of third parties. It is important that they help us to find the best solution," he said in a statement.

Over the last few years there has been increasing criticism of patent offices around the world for granting trivial patents. Last year, a study found that a quarter of US patent holders thought the quality of patents was "somewhat worse" than three years ago, with the quality of patents granted in the technology industry thought to be worse than in any other major sector. The FFII, an intellectual property campaign group, provides information on a number of European Patent Office software patents that it considers trivial, including a patent for a progress bar and a menu tab.

In an interview last year, a software manager at a small technology company, told silicon.com sister site ZDNet UK that large companies tend to swamp patent offices with well-worded patent applications for trivial technologies in the knowledge that a certain proportion of them will be passed.

Responses to the public consultation should be returned to the Patent Office by 31 May.