Patents

A patent is a right to stop others from making, using or selling the patented invention without permission.

What can be patented?

Patents protect the way things work, what they do, how they do it, what they are made of or how they are made.

An idea needs to be more than just an abstraction to be an invention. For example, if you have an idea for a machine that can instantly beam original documents from one location to another, you have a great idea. But it is only if you actually know how to build such a machine that you have a great invention. You do not need to build a model or prototype of it. But you do need to be able to describe how it will work, and draw pictures or flow charts to show how it will look. 

The need for an inventive step

Sometimes it can be difficult to judge whether there has been an "inventive step". This involves something more than just a trivial difference over what is already known. Although even quite mundane discoveries could qualify as an inventive step - for example, creating something by putting together two existing products could result in a product that is patentable - the one proviso is that the existing invention should have been modified into something unique and non-obvious. The proverbial ‘better mousetrap' is often cited as the archetypal invention.

Applying for a patent

This involves drafting an important document - the patent specification - setting out your claims to the invention.  The initial application gives you 12 months protection worldwide before you incur further costs.  A well drafted specification is worth its weight in gold in terms of its effectiveness in protecting your invention during the life of the patent.   This application plants the flag for any future applications you may want to make anywhere in the world. It gives you "patent pending" status, and sets the scene for your worldwide patent rights, be it in USA or elsewhere, or just in the UK.

How long does it take to secure a patent?

The process of obtaining a full UK patent can take from three to five years and sometimes longer.  However, if you do not think your patent has commercial potential you can simply drop your application after the first year, and not take it any further.

Read about patent search

What next?

If you need legal work please call us on +44 (0)20 7700 1414 or if you prefer send us an enquiry using the form below. Depending on your requirements we may suggest a free meeting. This is often the best way to assess whether we would be the right firm for you, and to understand the work involved, your priorities, attitude to risk, and desired timescales.