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If you have created a new invention, you might consider applying for patent protection. If so, it is crucial to understand what types of inventions are patentable. However, the process is expensive and lengthy. Therefore, you need to know whether an application is appropriate for you and your business. In this article, we will discuss types of inventions the can receive a patent, the process of applying for patent protection, and the costs.
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What Are the Requirements for a Patent?
The first requirement is that you must have an invention. An invention is typically a product or a process. Once you establish this, you must then ensure that it is:
- new;
- includes an inventive step; and
- is applicable in the industry.
To be a ‘new’ product or process, it must have never entered the public domain in any way. This includes the:
- educational industry;
- peer-reviewed publications; or
- any verbal presentation.
Therefore, you must only disclose your invention in any way once you have submitted your application for patent approval.
If you can make or use the invention in any industry, then it has industrial application. The industry is quite broad and does not require it to be profitable. An invention can take the form of:
- products;
- apparatus; or
- processes.
These are all usually capable of being utilised in industry, inclusive of agriculture.
The Application Process for Patents
You must ensure that your invention is novel. Therefore, you should consult the databases for existing patents to ensure your invention does not exist. This is an essential step in saving time and money. It is also crucial as you could risk infringing another individual or business’ patent rights.
When you apply for a patent, you should consult a legal adviser as it is a complex application and is generally very costly. Further, you must ensure you complete it correctly. Therefore, you should ask your legal team to prepare the patent application. This includes:
- written descriptions of your invention in terms of how it is made and how it works;
- drawings of your invention;
- descriptions of your invention’s specific technical features and any specific inventive steps that are taken; and
- a summary of everything.
Your legal adviser will then file your application with the Intellectual Property Office UK and pay the fees. Your application will then be scrutinised and examined. Then, you will receive a report usually within 36 months. The patent will then be granted, or there will be a second examination which will result in a refusal or granting of the patent. You will then pay your renewal fees for your patent 12 months later.
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What Are Patent Rights?
If you receive a patent, you will be provided with an exclusive right for that invention, whether it is a product or process. This means that no other business will make or sell the invention without your consent. In addition, your invention will be new to the market and will usually solve a problem within an industry as it will involve a unique inventive step.
Therefore, patent rights allow you to distribute your invention exclusively and capitalise on its market value without others copying you. Furthermore, if your patent rights are infringed, you can legally enforce your rights and either obtain compensation or put a legal stop to their actions, known as an injunction.
Key Takeaways
To receive a patent, you must show you have invented something new which takes an inventive step and is applicable within the industry. This can be challenging to prove, and therefore confidentiality of your invention is crucial in receiving patent protection successfully. Additionally, you should always check the patent database to clarify whether your invention is new. Finally, the patent application process is lengthy and costly, so it is vital to seek legal advice to assist with the application.
Frequently Asked Questions
Your invention must be new, involve an inventive step and be applicable in the industry. It is essential that your invention meets this criterion, as it could negatively impact an application if not.
You must submit a detailed application to the Intellectual Property Office UK. You can do this with the assistance of a legal professional, and it involves a great deal of information on your invention, technical information and its applicability in the industry. You will also need to pay a fee with your application.
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