In Short
- You cannot patent an idea in the UK, but you can protect inventions that are new, inventive and capable of industrial use.
- During development, safeguard your concept through copyright, trade marks and confidentiality agreements.
- Consider whether patent protection suits your strategy, as it requires public disclosure of your invention.
Tips for Businesses
Before sharing your idea, ensure you have protection in place. Use non-disclosure agreements when consulting others and include confidentiality clauses in employment contracts. Seek advice from an intellectual property lawyer to determine whether a patent, trade mark or trade secret is the best protection for your invention.
As a UK-based creator, you might be wondering how you can patent a new idea to protect it best. Unfortunately, a patent is not something that can legally protect an idea. However, there are ways to turn your new ideas into something that you can legally protect. This article will explain what patents are for and how you can protect your ideas and develop them into marketable products.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
The Basics of Intellectual Property
As a general rule, patents or any other form of intellectual property (IP) do not protect ideas. However, if you develop a new idea, you may be able to safeguard it with some other form of legal protection or intellectual property.
“Intellectual property” refers to creations of the mind. Although an idea aligns with this definition, intellectual property rights cannot protect it until you convert your idea into something tangible. Today’s products and inventions that we are familiar with started as an idea. These inventions include:
- smartphones;
- 3D printing;
- books;
- films;
- video games;
- artworks;
- famous logos; and
- brands.
For example, a business may have an idea for a more efficient way to keep coffee hot in takeaway cups. This idea would only become capable of protection by a patent or another type of IP once you have developed a specific new invention, new design, or new brand name and logo.
What Do Patents Protect?
Patents are a form of intellectual property that protects inventions. To be eligible for patent protection in the UK, your invention must be:
- new;
- inventive or involve an inventive step (i.e. it is not an obvious modification of something that already exists); and
- an item that can be made or used in any industry.
Once you develop your idea into an invention, you can apply for UK patent protection. To assist you in the patent application process, you may need to:
- make lots of notes that describe your invention in detail;
- draw diagrams or illustrations that showcase your products design and how it works; and
- potentially build prototypes for your product.
How to Safeguard Your Idea
To safeguard your idea, you may consider developing your idea so that you can receive protection legally or through intellectual property. For example, once you write out your concept or draw a diagram, the copyright will automatically protect the drawings from being reproduced without your permission. Additionally, if you know what you want to name your end product, you might consider applying to register a trade mark.
If you find yourself consulting with other experts, manufacturers, or investors when creating your product, you may consider asking them to sign a non-disclosure agreement. Likewise, if you are a business with employees, you should consider including confidentiality and non-competition clauses in your employment contracts. Doing so will allow you to take legal action if an employee tries to use your idea themselves.
If you wish to apply for a patent in the future, you must use these methods to protect the development of your idea and maintain secrecy. If your idea for a product becomes public knowledge, your invention may no longer be considered ‘new’. As a result, you may not be successful with your patent application.
Applying for a Patent
To apply for a patent in the UK, you must apply through the UK Intellectual Property Office (IPO). If you want to apply for a patent for an invention, it is good to seek advice from a patent attorney or intellectual property lawyer. A professional advisor will be able to explain the likelihood of your invention receiving patent protection. They can also help you submit a detailed application to increase your chances of a successful patent grant.
A professional can also help you craft your patent application in a way that gives you the most valuable patent. In some cases, this can mean that you will financially profit from your patent. However, you should be aware that patent applications usually take five years to complete from start to finish, with an average cost of around £4,000 in total.
When Patent Protection May Not Be Suitable
Patent applications require full disclosure of your invention, which may not suit all business strategies. Once granted, your patent becomes publicly available information, revealing exactly how your invention works. This transparency can sometimes benefit competitors more than it protects you.
For example, imagine you have developed a revolutionary algorithm that analyses customer spending patterns to predict purchasing behaviour with 95% accuracy. Patenting this would require revealing the specific mathematical formulas, data processing methods, and machine learning techniques that make it so effective. Competitors could then study your disclosed method and potentially develop similar solutions that work around your patent claims.
Key Takeaways
A patent cannot protect an idea itself. However, if you develop your idea into an invention, you may be able to obtain patent protection for it. Although, it is essential to maintain secrecy and utilise other forms of legal protection during the development phase. For example, this may include registering for a trade mark to protect your intended:
- brand;
- logo; or
- product name.
A non-disclosure agreement can also ensure that anyone you consult with is under a legal obligation to keep your invention secret. Patents require full public disclosure of your invention, which may not be suitable if your competitive advantage relies on keeping your methods secret. In some cases, trade secret protection may be more valuable than patent protection, particularly for software algorithms, manufacturing processes, or business methods that would be difficult for competitors to reverse-engineer.
Frequently Asked Questions
You cannot patent an idea itself. However, you can apply for a patent if you develop your concept into an invention. Other forms of legal protection are more suited to protecting your idea during the development process.
During the development of your idea, you can use legal protections such as copyright, trade marks and non-disclosure agreements. If you have employees working on product development, you can also consider including confidentiality and non-compete clauses in your employment contracts.
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