What is a Patent?

A 'patent' gives an inventor exclusive rights to use their invention for a limited time. These rights will prevent other parties from copying or selling the invention without the permission of the inventor.

The inventor only has exclusive rights within the registered country and will therefore only prevent parties within the same country from copying or selling the invention. The rights will also extend to prevent parties within the same country from importing similar inventions from overseas.

What Inventions can be Patented?

Products
Processes (functional or technical)
Software

An Example of a Patented Invention

House appliance manufacturer Dyson invented a revolutionary way to prevent vacuum cleaners from losing suction power. The invention was the introduction of a 'cyclone' effect within the vacuum cleaner, which replaced the need for a dust bag (the main reason why vacuums lost suction power).

After patenting the invention, Dyson went on to create the technology Dual Cyclone™ in 1993 and the Root Cyclone™ in 2002.

However, Dyson's closest competitor - Hoover - introduced a similar product (the Vortex) that used the same cyclone technology allowing them to introduce a bag less vacuum cleaner. The infringement of the patent cost Hoover £4 million in damages after a court battle that lasted 3 years (ended in 2000).

Qualifying for a Patent

An invention will only qualify for a patent if:

• It is new
• It is clearly an 'inventive step'
• It can be feasibly manufactured and used in industry

In addition, a patent will not be granted if the invention is:

• A discovery
• A scientific theory or mathematical method
• An aesthetic creation such as a literary, dramatic or artistic work
• A scheme or method for performing a mental act, playing a game or doing business
• The presentation of information, or a computer program

Source: www.patent.gov.uk

How Will I Know if My Invention is New?

Inventors can (optional) file for a process whereby the Patent Office searches through existing files to determine if your invention has already been patented. The Patent Office will also decide whether your invention is not simply a progression of an existing product/process.

On approval, you are free to apply for a patent.

Although the preliminary search does incur a cost (detailed later) it is beneficial to save you time completing a lengthy application for an invention that already exists (if this was the case).

How Long Does a Patent Last For?

A patent lasts up to 20 years from the first day of registering. However, after a patent has been registered for 4 years, the inventor must renew the registration every year (until the maximum 20 year limit).

If the inventor fails to renew the patent, the invention is free to be used by other parties.

How to Apply for a Patent

If you believe that you have made an invention, it is very important that you keep it confidential. In other words, do not feely talk about, advertise or demonstrate your invention: if you do, this will be seen as publication of your invention and will affect your patent application.

In addition, if after being granted a patent it was discovered that you did not keep your invention confidential prior to applying, your patent can be withdrawn.

'When' to apply for a patent is a common issue. Some inventors apply during the research stages of their invention whilst the idea is still new. This will make sure that they are the first to patent the invention should any other unknown parties be producing the same invention.

However, by applying during the early stages, you could make significant changes to the invention which will require re-application (and costs).

To apply for a patent, you must send a legal document to the Patent Office called a 'specification'. The specification will detail your invention (including claims of its ability) and include drawings and diagrams to illustrate how it works. It is advised that you use a professional registered patent agent to aid you when completing a specification. Once you have completed and filed your specification, it cannot be amended.

You are also required to complete a "Request for Grant of a Patent" form (Patents form 1/77) which will be sent to the Patent Office with the specification.

All forms can be downloaded and printed direct from the Patent Office web site: www.patent.gov.uk/patent/forms/ukpatsupp.htm

The Costs

There is no charge to file Patent form 1/77 (accompanied by a specification).

A request to make an amendment to form 1/77 (after filing) before officially granted a patent will cost £40.

A preliminary search to find out if your invention is legible and does not exist will cost £100.

The cost to renew your patent (after 4 years) has varying costs for each renewal year: To renew for the fifth year is £50…to renew for the twentieth year is £400.

Costs for other forms and actions can be found on the Patent Office's form page (link above).

Getting Funds to Finance Your Invention

The Patent Office, although will assist you with advice and information, will not finance your invention which is your responsibility.

If you do not have sufficient finance, there are institutions that are keen to finance new inventions.

Visit www.patent.gov.uk/patent/howtoapply/index.htm for more information.

More Information

This article has covered the basic elements of patents. However this area is very detailed and carries a large amount of legislation. It is therefore important to read further and consult expert advice before you act on any information.

The Patent Office at www.patent.gov.uk is the best resource to consult for this particular area.