What is a patent?

Patents protect novel and inventive technical developments and are granted in many areas of technology. But not all inventions are patentable and the British Patents Act specifically excludes:

• Discoveries, scientific theories or mathematical methods
• Literary, dramatic, musical or artistic works or any other aesthetic creations, whatsoever
• Schemes, rules or methods for performing mental acts, playing games or doing business, or programs for computers
• Presentations of information

This list of exclusions is not exhaustive.

Some of these excluded items can be protected when applied to technical processes, such as a computer program for a vehicle engine management system.

If you provide details of your invention we can advise on its patentability.

What is the benefit of having a patent?

A patent provides a monopoly over the commercial exploitation of an invention. Patents, like all Intellectual Property, essentially provide ‘negative’ rights. This means they prove that the patentee has the right to stop others doing certain things. But a patent does not necessarily guarantee the patentee the right to do those things. For example, if your invention relates to an improvement to an existing patented invention, it may be that you cannot commercially exploit your invention without infringing that existing patent.

Before embarking on the patent application process it is important to consider whether:

• Your invention is inherently patentable
• There will be any commercial interest in your invention – there is little point having the right to stop others doing something when no-one is interested in doing it
• You will be able to tell whether your patent is being infringed – if your invention is invisible, it might be best kept secret, whereas patent applications are published after eighteen months
• You will be able to commercially exploit your invention without infringing the rights of others

I have been told not to disclose my invention to anyone. How do I know it’s OK to tell you?

Any disclosure you make to us is treated in the strictest confidence. It will not be disclosed to anyone outside our firm without your prior consent.

However, it is essential that you do not disclose your invention to others before you file an application, unless you have a confidentiality or non-disclosure agreement. Disclosure does not have to be in writing and a verbal disclosure could invalidate any protection you obtain.

Can I get a single worldwide patent?

No. Generally speaking, the government in each country grants patents and you need to apply for protection in each country in which you want protection. There are systems that simplify this process, such as the European Patent Convention, but you still end up with a bundle of national patents at the end of the process.

Also, you will have a year from the date you file your British application to decide whether to pursue protection overseas. Providing your overseas applications are filed within this ‘priority’ period, your overseas applications will be treated as if they were filed on the same date as the British application.

Why should I conduct a search before I file an application?

It is always prudent to conduct searches prior to filing an application or commercially exploiting an invention. Intellectual Property is essentially the same as other types of property and few people would buy a house without having some type of survey conducted. Also, different types of search can be conducted depending on your invention and circumstances.

The searches are intended to answer questions such as:

• Whether your invention is novel and/or inventive
• Whether you will be able to exploit your invention commercially without infringing the rights of others

How do I apply for a patent?

To advise on pre-filing searches and the filing of an application we need details of your invention, together with information explaining how your invention differs from existing products in the same field and the benefit of those differences.

How long will it take to complete the application process?

In the United Kingdom it generally takes about two to four years to obtain a granted patent.

How much will it cost to obtain patent protection?

The cost of obtaining protection will vary depending on your invention and the difficulties, if any, that are encountered during the application process. Generally speaking, the patenting process in the United Kingdom is likely to cost several thousand pounds, although these costs are spread over the time that it takes to obtain a granted patent.

After it is granted, a British patent must be renewed annually to keep it in force and the renewal fees increase over the lifetime of the patent.

Substantial further costs will be incurred if you want protection outside the United Kingdom, but we can provide guidance on this issue when we know the specific countries of interest to you.

Should I say ‘pat-tent’ or ‘pay-tent’?

There is no right answer to this question, but professional advisers throughout the world tend to say 'pat-tent'.