Patents
Patents protect function…
Patents protect products and process that have new functional or technical aspects. Patents are therefore concerned with how things work, rather than how they look – aesthetic creations are generally protected by design rights, although it is not uncommon for both patent and design rights to exist in the same product. A granted patent allows the patent owner to prevent others from exploiting their invention in the territory in which the patent has been granted for a set period of time (usually 20 years, subject to payment of renewal fees). In return, the applicant for a patent must provide full details of the invention, which will be published by the patent office, so that after expiry of the patent, the invention is free for all to use. Identifying the innovative concept underlying your invention is crucial to obtaining a broad scope of protection for your invention.
Confidentiality is key…
In order for inventions to be patentable, they must be novel (new), involve an inventive step (i.e. be non-obvious to a notional “skilled person”), and be capable of industrial application (i.e. not merely of purely theoretical, artistic or scientific value). The threshold for novelty is absolute, meaning that even your own disclosures will count against you – it is imperative that you keep your invention confidential until your patent application has been filed.
The application process…
Typically, an “initial” patent application is filed at the UK Intellectual Property Office or the Irish Patents Office. You will then have a period of time in which to file a request for a search of your invention. When searching, the Examiner will take into account all “prior art” made available before the date of filing of your application. ‘Prior art’ includes not only earlier patent documents, but all forms of disclosure including presentations, articles, demonstrations, sales and use, which have taken place anywhere in the world before the filing of your patent application. You will then have the opportunity to respond to any objections raised by the Examiner in light of the prior art, or any formal objections. If no objections are raised, or once these objections are overcome, your application will normally proceed to grant. This process can typically take anywhere from 1-4 years.
…and filing abroad…
If you wish to apply for patents abroad, any foreign applications must be made within 12 months of this initial patent filing. These foreign applications will then benefit from the filing date of your initial patent filing, meaning that when the patent examiner is assessing novelty and inventive step, they will consider only prior art made available before the initial filing date (and anything disclosed in the intervening 12 months will not count against you). As patents are territorial, they will only be effective in those countries where patent protection has been obtained. The PCT (Patent Cooperation Treaty) is a central application procedure which can be used to pursue protection in multiple jurisdictions.
How long does it last?
A granted patent typically lasts 20 years from the filing date (not the grant date!). Renewal fees are payable to keep your patent in force and usually arise annually (although this depends on the territory).
