Patents can be granted to companies or individuals who can claim to have a new product or manufacturing process, or even an improvement to existing ones.The granting of a patent gives the inventor a monopoly to make, use or sell the invention for a fixed length of time. In the UK, this currently stands at 20 years.
For a patent application to be granted it must satisfy four criteria set out in the Patents Act 1977:
The invention must be new. The idea must not already have been thought of by someone else anywhere in the world. Furthermore, the invention should not have been disclosed anywhere prior to the patent application - not even by the inventor. The idea must have an ''inventive step''. In addition to being novel, the application must contain an element of inventiveness. A patent will not be granted for an idea if it would be obvious to someone knowledgeable in the subject. The product must have ''industrial application''. This does not mean that the product has to have mass production viability. Rather it means simply that the invention must be possible to make. The invention must not be ''excluded''. Some ideas are not allowed to be patented. These include scientific discoveries, artistic or literary works, computer programs, and methods of medical treatment. Also forbidden are
ideas which may cause offence, or provoke anti-social behaviour!
If you are satisfied that your idea meets these criteria, then what are you waiting for?
The process of obtaining a patent occurs over three main stages:
Filing the application. The art of drafting a patent application is highly skilled and it is therefore recommended that you enlist the help of a professional patent agent. The application must contain (1) a request for a patent, (2) name & address of the applicant, (3) a description of the invention, and (4) the filing fee. The applicant has 12 months to file a claim or claims stating exactly the monopoly that the granted patent will protect.
Search and publication. The application will then be checked and a search carried out by a Patent Office Examiner to assess the novelty and inventiveness of the idea. The inventor may redefine or add to the description or claims after considering the examiner's report. The application can then be published together with a summary of the invention.
Full Examination. The final stage usually occurs within a further six months. A full examination is carried out to make sure that the application complies with the Patents Act 1977. Amendments can then be made if needed. When the examiner is satisfied, the patent, outlining the invention and the monopoly it has, is granted and republished.
Currently, patent fees are: filing (#25); searching (#130); and examination (#70). Renewal fees are also liable annually after four years, starting at #110 for the fifth year up to #450 for the 20th and final year. However, Ian McCartney, the Minister for Competitiveness at the Department of Trade & Industry, recently told a conference of patent lawyers in London that filing fees are set to come down.
One final consideration budding inventors should make is where they want their patent to operate. There is no such thing as a ''world'' patent, although there are two conventions which broaden its geographic scope.
Most western European countries, including the UK, are members of the European Patent Convention (EPC). Patents filed under the EPC will be valid in member countries designated by the applicant provided the appropriate fees have been paid. Therefore it is possible to file a European patent application designating the UK and up to 22 other countries.
The closest thing the world-wide protection is the Patent Co-operation Treaty (PCT) which is supported by the UK and 93 other countries. You may submit an international patent application through this Treaty although the monopoly period currently 18 months.
For more information visit the Patent Office Web site at www.patent.gov.uk or contact them via e-mail on enquires@patent.gov.uk
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