Patents

Patents are exclusive monopoly rights in respect of a claimed invention (i.e. they provide the patentee with the right to exclude others from working the patented invention). Conversely, however, they do not necessarily give the patentee a right to work the invention, since that may itself depend on working another patentee's invention.

An invention may be defined as a technical advance which results in a new product, process or use. It is the technical advance which sets a patentable invention apart from an artistic creation, although in many instances artistic creativity may play a supporting role, for example, in providing an appealing design for a new product, or in advertising or promoting a new use. Non-technical or obvious inventions may be excluded from patentability.

To be patentable, it is essential that an invention is NEW - it must not have been disclosed or made available to the public before a patent application is filed:

CONFIDENTIALITY MUST BE MAINTAINED UNTIL A PATENT APPLICATION IS FILED WITH THE PATENT OFFICE

(There are exceptions - disclosures to a Patent Attorney to enable the preparation of a patent application are subject to professional confidentiality, but public disclosures will generally mean that a patent cannot be validly applied for in the UK and other European Countries or anywhere else other than the USA.)

Patents normally provide exclusive rights to protect new technical inventions for up to 20 years from filing.

Patent applications are normally published 18 months after the application is first filed. The invention will then no longer be confidential (if confidentiality has not already been broken by an intervening commercial launch) since the application papers must necessarily contain a full disclosure of the invention.

Advantages: Broad potential coverage of a complete "inventive concept", if the patent is valid; coverage is maintained even if confidentiality cannot be maintained after the patent application has been lodged

Disadvantages: Can be relatively expensive if a number of countries are of interest; no "world patent"; generally country-by-country although the procedures can be streamlined to some extent for certain countries (European Patent Office (EPO); Patent Cooperation Treaty (PCT)); protection must be applied for in the relevant Patent Office(s); protection not guaranteed (applications are examined and can be refused; patents can be challenged)

Costs:
UK: Budget £4500 - 5500 plus VAT spread over 3-4 years unless a particularly complex examination is encountered.

Overseas: Individually, costs are generally similar per English-speaking country, unless a particularly complex examination is encountered. However, if protection is sought in several countries, costs can be saved and/or deferred by using the European Patent Convention (EPC) and Patent Cooperation Treaty (PCT) systems, where applicable; translation requirements can significantly increase the costs for countries where English is not an official language.

Marking: (Country) Patent (Application) No.
Marking is often a requirement if a patentee wishes to claim damages for patent infringements.

PAGE HARGRAVE Attorneys are all qualified UK and European Patent Attorneys able to handle patent applications directly via the UK, the EPC or the PCT in a wide range of technologies, for mechanical, (bio)chemical, pharmaceutical, electronic, communications and internet inventions. If you have a new idea which you think may be patentable, please contact either our London or Bristol offices to arrange a no-obligation initial consultation.