What Does a Patent Attorney Do in the UK?

If your UK business involves inventions, you may be unsure about the different types of intellectual property rights. Furthermore, you may have questions that require a professional to answer. In this case, you need to go to the right person. This article will help you understand what a patent attorney is and how they can assist you.

What is a Patent Attorney?

A patent attorney is a specialist legal advisor who can assist your business with applying for a patent. They can advise you with the patent application process and tell you how likely receiving a patent for your invention is. They also assist with the enforcement of patents and the sale or transfer of patents. 

Patent Advice

Applying for a patent is a complicated and expensive process. Patent attorneys usually have excellent scientific or technical knowledge and usually possess a science or technical degree. You may find that some patent attorneys specialise in specific types of patent. 

A patent attorney’s background knowledge can help them advise you about the likelihood of receiving a patent.

Patent Applications

Patent attorneys understand patent specifications and can help you draft and file your application. Therefore, it is strongly advisable to use the services of a patent attorney for patent applications. They are highly skilled in filing patent applications and can help you ensure the scope of your application is exactly right for your purposes.

Foreign Patents

Patents provide territorial protection. That means a patent filed in the UK only gives you a patent and exclusive rights in the UK. However, many UK based patent attorneys are also qualified as European patent attorneys and can assist with European patent applications. They can also help you decide overseas places where it would be beneficial to patent your invention.

Use of Patents

Patent attorneys can also advise you what to do with your patent after successfully obtaining one for your product. They can also advise you about selling or transferring your patent to someone else. Additionally, they may be able to assist with licensing your patent so that someone else can use it.

Patent Enforcement 

Generally speaking, you would need to consult a specialist intellectual property solicitor for advice concerning patent infringement. However, patent attorneys can also advise about potential problems with patents. For example, they can:

• advise you of what to do if you think someone is infringing your patent; 
• help if you are accused of patent infringement concerning someone else’s invention; and 
• help you make sure that you do not infringe on anyone else’s IP rights for products you have under development.

Other Intellectual Property

Some patent attorneys are dual qualified as trade mark attorneys and can advise you about trade mark issues. They may also advise you concerning registered design applications or copyright issues. Some patent attorneys or patent attorney firms also advise about domain name disputes. 

How to Find a Patent Attorney

Patent attorneys tend to work in specialist patent attorney firms or specialist intellectual property law firms. The Intellectual Property Regulation Board regulates UK patent attorneys. The Chartered Institute of Patent Attorneys, the professional and examining body for UK patent attorneys, can also help you find a qualified patent attorney.

Key Takeaways

Because applying for a patent is complex, expensive and time-intensive, it is vital to take advice from a qualified patent attorney. A patent attorney can advise you on your likelihood of success and any potential issues. This will ensure that you get the best possible protection for your patent if you decide to go ahead with an application.

If you need help with patents, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions