Patent Office

Also read: Trademarks | Copyrights

A Patent is set up and granted by the Government if you have invented something new and never before used, it could be a new product, new equipment or even a new way of doing something and you don’t want any one claiming it is theirs. You cannot patent an idea, computer program or a theory.

What is a Patent

As you are the founder of the invention, a patent can stop anyone else making or selling your invention, or using it in any way without consent but it is up to you to fight to stop anyone doing this and it’s up to you to defend it against any infringements. This may mean that you will have to go as far as court proceedings to prevent this happening.

If you apply for a patent in the UK it is classed as valid only in the UK and is usually valid for up to 20 years. A UK patent does protect you if products making use of your invention are manufactured outside the UK and imported. You can defend your patent against the importer. You can however sell or license your patent allowing others to use it if you wish, this way you can make money without doing all the work yourself.

You should remember in order to be allowed to patent your invention you cannot have used someone else’s already patented invention to benefit yours in any way. You should take into consideration how vital it is to keep your invention secret while you are working on it, take steps to ensure confidentiality with signed agreements should you have to liaise with others. It is always worth checking to make sure you yourself are not infringing on any one else’s patent.

There are conditions laid down to ensure that your invention warrants being patented and you can find out more details on these and patents by going to the ‘Patent Office’ website.

A patent can be very expensive to acquire so make sure it is worth applying for one, check to see if there will be a market for it, having said this, a Patent is a very valuable asset to have.
An idea, theory or computer program could still be worth protecting in some way, go to the Intellectual Property website to find out more.
Should you come across any infringement you should immediately take legal advice.
The Patent Office will carry out a patent search for you but this service will cost you.
You can search a directory of patent agents on the Chartered Institute of Patent Agents website.

How to apply for a patent

Deregulation of the patent application process has simplified the process of applying for patents but it could still take some time.
You should never publicly disclose details of your invention before applying for a patent.

If you want to apply for a patent, first complete a patent specification. A full description of your invention and any relevant drawings should be included. The specification will need to be accompanied by Patents Form 1/77 Request for Grant of a Patent (PDF). See the Patent Office website

You will be given twelve months in which to state all details about the invention you want to patent and check nothing like it exists. You should really not take that long to complete this as timing is crucial. You should also consider whether it would be beneficial for you to file for patents in other countries. You can find links to foreign patent offices at the Intellectual Property website.

License your patent

You can license your Patent invention in order to make money. This means you allow someone else to manufacture, sell or use your patented invention. The license is operational for a specified length of time and royalties are paid to the patent holder. A patent holder can actually offer a license to more than one other person or business.
In order to license a patent you should firstly get legal advice from your solicitor, a patent agent or licensing practitioner in order to stipulate the nature of any licensing agreement. A directory of patent agents can be found on the Chartered Institute of Patent Agents website.

Defend your patent

If you think someone is infringing your patent, do not try to tackle it yourself, you should seek legal advice on how to proceed. A carefully worded letter to the potential offender could actually be all that is needed to dissolve any disagreements. And could be found more agreeable to both sides.
If this doesn't work, you can proceed to take ‘civil law’ legal action to defend your patent. Injunctions can be granted to stop infringement and damages awarded.
You could find it less costly to try to resolve the problem via arbitration, see the Chartered Institute of Arbitrators' website.