What should I do if I think I have come up with an invention?
Prior to filing a patent it is useful to consider the following questions:
- Whose idea was the invention, and who is the inventor?
- Are there joint inventors?
- Was a research team involved in making the invention? If yes, how many people were involved and what was each of their input?
- How did the idea come about? eg what circumstances prompted your invention?
- Who is the owner of the patent? Is this person different from the inventor?
- What current inventions are you aware of similar to your invention? You should undertake searches using at www.patent.gov.uk and www.uspto.gov
- What is the quality or feature of the invention setting it apart from other similar products/processes?
- What problems are there with existing inventions and how does your invention solve these problems?
- What new things does your invention do?
The patent agent requires the full name and address of the applicant(s) and inventor(s) as well as summary of the relationship between these individuals.
Can I disclose my invention prior to filing an application?
In order to gain patent protection the invention must be new. Therefore, if you are considering applying for a patent, it is vital that you do not publicly disclose the invention before filing the application. Patent law is strict on this point. Any type of disclosure could prevent you from succeeding with the application. It is important that any disclosures made are under strictest confidence and under the terms of a confidentiality agreement. Make sure you consult a specialist patent law solicitor if you need legal advice with regard to potential disclosure
Do the rights extend worldwide?
No. Patents are ‘territorial’ rights, so a UK patent will give you UK rights only. This means that you will have the right to stop others from making, selling or importing the patented product into the UK. However, you can make a patent application for non UK countries (see below).
How do I apply for a UK patent?
You can apply for a UK patent based on a document called a ‘specification’ to the Patent Office. The specification should include drawings if these are useful in describing the invention, as well as a full written description of your invention. The description should be as comprehensive as possible, since changes cannot be made after your written specification is filed. In addition to the specification, you need to complete a patent form, including basic details such as descriptions and any drawings of the patent. These completed items should be sent to the Patent Office.
Can I apply for a patent in several countries simultaneously?
Yes. However, it is normal to file a UK patent first. After this, you have a further 12 months during which you can file any foreign, European or world patent applications. The advantage of filing an application in the UK first is that the UK application is a good way of assessing the success and market potential of the invention before launching into a costly foreign application.
There are various paths to securing a patent abroad. These are:
- You can make separate applications in each foreign country where you require protection. There are, however, two easier routes listed below.
- You can make a single application to member countries of the European Patent Convention. You can obtain a patent (if each country decides to grant one) in all of the countries listed in your application. You must pay a fee for each country included on this application but this will still be cheaper than applying to each country individually. This type of application can be made either to the UK Patent Office or the European Patent Office.
- The UK is a member of an international treaty called the Patent Cooperation Treaty (PCT). This route is similar to the European route in that you can obtain a patent (subject to each country granting it) in all of the countries listed in the international application. You can make an application in any country that is a member of the PCT. This saves the trouble of making applications in accordance with national rules of each country concerned. This application can be made to the UK Patent Office. If the patent is granted in all countries contained in the international application, the patent becomes subject to the patent law of each country.
The advantages of obtaining a patent abroad include the opportunity and flexibility to expand into other countries. Even if you don’t want to expand abroad, the patent acts as a shield against unauthorised use of your invention in the country in which patent law protection is gained.
Contact our Patent Law Solicitors
As you will have gathered from the above information, patent law is complex. Our patent law solicitors are highly experienced providing city quality expertise at local prices.We represent clients throughout Wiltshire, Dorset, Hampshire, Somerset and nationwide. Our patent law solicitors can see you in our Salisbury, Andover or Amesbury offices. Alternatively by taking your e-mail and phone instructions, we can represent you without needing to see you.
For specialist advice, contact the Patent Law Solicitors at our Salisbury office today.
