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What is a Patent?

A Patent protects an invention and gives its proprietor the exclusive right to manufacture, use, import or sell in the UK a product embodying the invention covered by the Patent. It can therefore be used to stop others from copying your invention, or deter them from doing so, without your consent.

What criteria must my invention meet to be patentable?

To be patentable your invention must meet two main criteria. Firstly, it must be novel which means that it must have never been publicly disclosed anywhere in the world before the date that you filed your Patent Application. Secondly, it must have an inventive step which means that it must be something more than just an obvious modification of something that has already been disclosed to the public.

How do I know if my invention meets the requirements of novelty and inventive step?

Before a Patent can be granted, the UK Patent Office conducts a search through previously published Patents and Patent Applications in an attempt to find any documents to show that your invention does not meet the requirements of novelty and inventive step. The Examiner then examines your Patent Application in light of the disclosure in each of the documents found in the search and issues an Official Letter setting out his opinion on patentability.

In some cases, it is worthwhile conducting an unofficial search before filing an Application to find out whether your idea is novel. However, searching is a difficult and time consuming task and usually expensive. Therefore, it is generally more cost effective to file a Patent Application and wait for the results of the official Patent Office Search.

What form does a Patent Application take?

A Patent Application must include a detailed written specification that contains a full description and drawings describing and illustrating all the aspects of your invention. It is very important to ensure that all the features of your invention that you may wish to protect are described, as it is not possible to add further information once the Application has been filed. The Patent specification must enable a reader of it to fully understand your invention and be able to put it into practice. A Patent Specification must also include a set of claims defining the monopoly for which you are seeking exclusivity.

What are “Claims”?

The claims are the most important part of any patent specification and are a series of numbered paragraphs that define the scope or extent of protection of the invention. Claim 1 is the most important claim and must recite only the essential features of your invention and in the broadest possible terms thereby providing protection for the broad underlying principle or concept of your invention, rather than any specific embodiment of it. Claim 1 must not contain any features that are inessential to the invention otherwise a person may copy your invention, without infringing your patent, by omitting that inessential feature from their product.

What happens if the Patent Office finds that my invention as defined in my Patent claims are not novel or lack inventive step?

In this case, assuming the Examiner is correct, we can usually amend your patent application by adding to claim 1 a preferable feature of your invention referred to in the specification which has not been disclosed in any of the documents found by the Examiner. Although the scope of protection will be reduced, the grant of a patent is still the likely outcome in the majority of cases.

What is the difference between Patents Copyright, Registered Designs, Unregistered Design Right and Registered Trademarks?

Copyright arises on creation of a work and protects the actual form of the work rather than the idea or concept itself. It can be used to prevent unauthorised copying of aesthetic creations such as literary, dramatic, musical and artistic works and computer programs.

• Unregistered Design Right is similar to Copyright and can be used to prevent unauthorised copying of a product.

• Copyright and Unregistered Design Right arise automatically on creation of the work and no official registration is needed. • Registered Designs protect only the shape and appearance of an article having a distinctive appearance and are monopoly rights which must be registered at the UK Designs Registry.

• Registered Trademarks protect the name and any associated sign or logo that distinguishes the goods or services provided by one company from those of other companies.

A disadvantage with Copyright and Unregistered Design Right is that to enforce them successfully you must be able to prove that you have been copied. This is not necessary with monopoly rights such as Patents, Registered Designs and Registered Trademarks.

When should I file a Patent Application?

In view of the requirement for novelty, a patent application must be filed before ANY public disclosure of an invention is made ANYWHERE IN THE WORLD.

When can I disclose my patent application?

Once the application has been filed, you are free to disclose it. Shortly after filing, the UK Patent Office will issue a filing receipt together with a unique application number identifying your application, It is advisable to mark your product with an indication that a Patent Application has been filed together with this number so that competitors know that a Patent has been filed. This will act as a deterrent against unauthorized copying.

Does the public and my competitors have access to my Patent Application?

Once filed, your Patent Application will remain secret for 18 months. After this, assuming that you have not withdrawn or abandoned your application, it will be published and a copy of the specification will be available to anyone who wishes to see it.

How long does it take to get a Patent?

Usually, it takes 2-3 years before a Patent is granted. However, a patent can sometimes be granted sooner. You are of course free to disclose and exploit your invention whilst the application is pending.

How long does a Patent last?

A UK Patent lasts for an initial period of 4 years from the filing date. Renewal fees must then be paid annually to keep the Patent in force for a maximum of 20 years.

Can I obtain corresponding Patent protection abroad?

A UK Patent affords its proprietor protection in the UK only. Corresponding protection can be obtained in other countries but applications in those countries must be filed within twelve months of the filing date of your UK application, particularly if you have disclosed your invention during that twelve month period. Any foreign applications filed during this time will effectively have the same filing date as your UK Patent Application.

Filing Patent Applications in foreign countries is expensive so it is important to establish that your idea is commercially viable in the 12 months following the filing of your UK Patent Application to ensure that the cost of filing the foreign applications is justified

FROM http://www.vennershipley.co.uk

Дата добавления: 2015-08-05