Before registering a patent you should always evaluate whether there are alternative options that could be pursued to secure protection of your intellectual property rights.
The alternative options could include registering a design in accordance with the registered design framework or protecting the documentation via copyright protection or alternatively by using the law of confidence.
If registering a patent might be appropriate for you and your business then you will need to determine whether your idea or invention can be patented. To be patented an invention must:
1. Be novel.
2. Involve an inventive step.
3. Be capable of industrial application.
4. Be sufficiently described in the patent.
5. Not be within the scope of a statutory exclusion.
You can’t patent:
1. Literary, dramatic, musical or artistic works.
2. A way of doing business, playing a game or thinking.
3. A method of medical treatment or diagnosis.
4. A discovery, scientific theory or mathematical method.
5. New types of plants, seeds or animals.
6. The way information is presented.
7. Some computer programs.
If you believe that your invention satisfies the criteria for patentability then the next stage is to conduct a prior art search of the patent register to see whether your invention has already been registered and/ or is the subject of a patent application. You can undertake a prior art search using the online search facility at the Intellectual Property Office website. The IPO website also has the Espacenet search function which allows you to search worldwide published patent applications and registered patents.
You should also check and search internet and trade publications to see if your invention is already in the public domain. It might be the case that your invention has not been registered as a patent but is already in use and/ or in the public domain.
Once you have reviewed and interpreted the search results you can then make an informed decision as to whether you wish to proceed with submitting a patent application.
The application process is:
1. complicated – approximately only 1 in 20 applicants get a patent without professional help
2. expensive - with professional help, applications typically cost in the region of £4,000
3. long - it usually takes 5 years
You should also note that if you get a patent, you will also have to pay to renew it each year, and there could be significant legal costs if legal action is required to defend the patent.
Registering a patent can be complex and therefore it is advisable to consider appointing a patent agent who can advise you on all the steps involved in registering a patent and the associated risks. Summerfield Browne Solicitors has two patent agents – why not contact us today.
