Protecting
what’s rightfully yours
London office: +44 (0)20 7253 1563
Tunbridge Wells office: +44 (0)1892 510600
Tunbridge Wells office: +44 (0)1892 510600
a. The invention must be new;
b. The invention must involve an inventive step, in the sense that it must not be an obvious
modification of something already known; and
c. The invention must be capable of industrial application.
In most of the world “new” means in effect a secret, however old. Important exceptions arise
in a few countries, most notably the USA, where an invention made public, within the last 12
months is still treated as new for patenting purposes. To destroy the novelty of an invention
whatever is made known must be enabling i.e., allow a skilled person to reproduce the
invention, otherwise the invention is still new.
You should not disclose your idea to anyone until you have been advised by a qualified
Patent Attorney. Premature disclosure may prejudice your ability to obtain a valid patent for
your invention. If you believe you have an invention, which satisfies the requirements
indicated above, then it is important that you apply for a patent before telling anyone about
your invention.
Therapeutic and surgical methods of treating the human and animal body and certain
diagnostic methods are not patentable in Europe but may be patented in some countries
most notably the USA. However, products and equipment used in medical treatment can be
protected.
Mere discoveries, scientific theories or mathematical methods cannot be patented. Neither
can aesthetic creations such as literary, drama, musical or artistic works (these are protected
by copyright).
An invention which solely consists of: a scheme, rule or method for performing a mental act,
playing a game or doing business; a computer program, or the presentation of information
cannot be patented in many countries, either. Nevertheless, inventions involving software or
business methods can be patented in some circumstances.
A non-confidential disclosure of your invention will make your invention known to the public,
and therefore no longer new. Talk to one of our Patent Attorneys and we can help you
through the complex procedures for patenting your invention.
Whatever the technical field, we can help. We have expertise in everyday technologies such
as toys and games, to more complex areas such as electrical, mechanical and optical devices.
We have experts in chemical and biotechnology inventions, including pharmaceuticals.
We also have considerable experience in patenting computer-implemented related inventions
including hardware and software. For more information see our Handy Guide to Patents or
contact us for further advice.
b. The invention must involve an inventive step, in the sense that it must not be an obvious
modification of something already known; and
c. The invention must be capable of industrial application.
In most of the world “new” means in effect a secret, however old. Important exceptions arise
in a few countries, most notably the USA, where an invention made public, within the last 12
months is still treated as new for patenting purposes. To destroy the novelty of an invention
whatever is made known must be enabling i.e., allow a skilled person to reproduce the
invention, otherwise the invention is still new.
You should not disclose your idea to anyone until you have been advised by a qualified
Patent Attorney. Premature disclosure may prejudice your ability to obtain a valid patent for
your invention. If you believe you have an invention, which satisfies the requirements
indicated above, then it is important that you apply for a patent before telling anyone about
your invention.
Therapeutic and surgical methods of treating the human and animal body and certain
diagnostic methods are not patentable in Europe but may be patented in some countries
most notably the USA. However, products and equipment used in medical treatment can be
protected.
Mere discoveries, scientific theories or mathematical methods cannot be patented. Neither
can aesthetic creations such as literary, drama, musical or artistic works (these are protected
by copyright).
An invention which solely consists of: a scheme, rule or method for performing a mental act,
playing a game or doing business; a computer program, or the presentation of information
cannot be patented in many countries, either. Nevertheless, inventions involving software or
business methods can be patented in some circumstances.
A non-
and therefore no longer new. Talk to one of our Patent Attorneys and we can help you
through the complex procedures for patenting your invention.
Whatever the technical field, we can help. We have expertise in everyday technologies such
as toys and games, to more complex areas such as electrical, mechanical and optical devices.
We have experts in chemical and biotechnology inventions, including pharmaceuticals.
We also have considerable experience in patenting computer-
including hardware and software. For more information see our
contact us for further advice.
THE PATENT PROCESS
IDEA
We will discuss your new product ideas with you, and recommend the best ways of
protecting then, including filing registered designs and/or trade marks as well as patents.
OWNERSHIP
We will advise to whether you own the invention and any right to patent it and what steps
you can take to secure ownership.
PRELIMINARY SEARCH
We will on request undertake a preliminary search to reduce the risk of your application failing.
You may wish to carry out your own search first and suitable databases can be found on our
links page.
THE PATENT APPLICATION
We will draft the specification for your application in consultation with you and ensure that
the application is safely filed. We will inform you of what is required at each stage of
prosecution before the Patent Office to keep the application pending, and guide you through
the esoteric process of search and examination; you will benefit from our extensive
experience of negotiating thousands of applications before hundreds of Patent Office
examiners in dozens of the World’s Patent Offices.
GRANT OF PATENT
We will inform you of the official grant of a patent and act as your address for service in the
UK so that post-grant correspondence from the Patent Office will reach you with advice as to
what to do about it.
OBTAINING A PATENT ABROAD
You may wish to secure foreign patents. We are pleased to advise you on the best way to
achieve this complex process in view of your business objectives.
RENEWALS
We will remind you in advance when one of your patents (or applications) is due for renewal.
On instruction we will arrange to renew the patents and if you miss a renewal we will advise
you as to what you can do to recover the patent.
ENFORCEMENT
You will usually become aware of patent infringements before us because you are much
closer to your markets. However, we will guide you through the pitfalls of enforcing your
patent rights against infringers via negotiation, mediation, arbitration and rarely in extreme
cases, litigation. If you believe you have an enforcement problem (whether or not we
prosecuted the application for you) it is recommended that you call us for advice before
approaching the infringer.
COMPETITOR ACTIVITIES
Patents are also a source of competitor intelligence. The applications of competitors are
usually published within eighteen months of filing and can present you with useful information
about their business plans. Early knowledge of a competitor’s patent applications may allow
you to avoid infringement and to attack potentially troublesome applications effectively before
they become a major expense to you. We can monitor the patent portfolios of your
competitors and inform you early of potential threats.
LICENSING AND ASSIGNMENT
Patent rights can be licensed and assigned but only in writing and then subject to complex
regulations. Assignments and licences should be registered otherwise rights may be lost. Any
agreements such as licences and assignments must take into account various monopolies and
antitrust legislation. When you have found a commercial partner and settled the basic
conditions of your relationship we can ensure that the written agreement actually implements
that relationship. As property patents require an owner, so if a corporate proprietor is to be
wound up it is very important that the transfer of their patents is effected prior to the
liquidation. Likewise if a proprietor dies, the details of the heir must be registered to ensure
the patents are maintained.
AFTER THE PATENT PROCESS
Through the life of the patent, which may be twenty years, we can continue to advise you on
appropriate protection and exploitation of both your existing intellectual property and any
improvements. As markets and technologies grow and change, so opportunities and threats
change with them.
Protecting your ideas and earning the just reward of your innovation needs expert advice.
Brookes Batchellor: Protecting what’s rightfully yours.
We will discuss your new product ideas with you, and recommend the best ways of
protecting then, including filing registered designs and/or trade marks as well as patents.
OWNERSHIP
We will advise to whether you own the invention and any right to patent it and what steps
you can take to secure ownership.
PRELIMINARY SEARCH
We will on request undertake a preliminary search to reduce the risk of your application failing.
You may wish to carry out your own search first and suitable databases can be found on our
links page.
THE PATENT APPLICATION
We will draft the specification for your application in consultation with you and ensure that
the application is safely filed. We will inform you of what is required at each stage of
prosecution before the Patent Office to keep the application pending, and guide you through
the esoteric process of search and examination; you will benefit from our extensive
experience of negotiating thousands of applications before hundreds of Patent Office
examiners in dozens of the World’s Patent Offices.
GRANT OF PATENT
We will inform you of the official grant of a patent and act as your address for service in the
UK so that post-
what to do about it.
You may wish to secure foreign patents. We are pleased to advise you on the best way to
achieve this complex process in view of your business objectives.
RENEWALS
We will remind you in advance when one of your patents (or applications) is due for renewal.
On instruction we will arrange to renew the patents and if you miss a renewal we will advise
you as to what you can do to recover the patent.
ENFORCEMENT
You will usually become aware of patent infringements before us because you are much
closer to your markets. However, we will guide you through the pitfalls of enforcing your
patent rights against infringers via negotiation, mediation, arbitration and rarely in extreme
cases, litigation. If you believe you have an enforcement problem (whether or not we
prosecuted the application for you) it is recommended that you call us for advice before
approaching the infringer.
COMPETITOR ACTIVITIES
Patents are also a source of competitor intelligence. The applications of competitors are
usually published within eighteen months of filing and can present you with useful information
about their business plans. Early knowledge of a competitor’s patent applications may allow
you to avoid infringement and to attack potentially troublesome applications effectively before
they become a major expense to you. We can monitor the patent portfolios of your
competitors and inform you early of potential threats.
LICENSING AND ASSIGNMENT
Patent rights can be licensed and assigned but only in writing and then subject to complex
regulations. Assignments and licences should be registered otherwise rights may be lost. Any
agreements such as licences and assignments must take into account various monopolies and
antitrust legislation. When you have found a commercial partner and settled the basic
conditions of your relationship we can ensure that the written agreement actually implements
that relationship. As property patents require an owner, so if a corporate proprietor is to be
wound up it is very important that the transfer of their patents is effected prior to the
liquidation. Likewise if a proprietor dies, the details of the heir must be registered to ensure
the patents are maintained.
AFTER THE PATENT PROCESS
Through the life of the patent, which may be twenty years, we can continue to advise you on
appropriate protection and exploitation of both your existing intellectual property and any
improvements. As markets and technologies grow and change, so opportunities and threats
change with them.
Protecting your ideas and earning the just reward of your innovation needs expert advice.
Brookes Batchellor: Protecting what’s rightfully yours.
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Patents | Copyright | Trade marks | Sitemap
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Patents | Copyright | Trade marks | Sitemap
web site design by dga marketing
WHY PATENT?
Patents are a legal property. A valid patent will protect your investment
in innovation. A patent may allow you to improve your negotiating
position with customers, competitors, suppliers and sales agents as
well as enabling you to enter markets presently beyond your reach via
licences. In industries which cannot compete on manufacturing costs, a
patent may be an essential element in defending your business against
competition. A patent may provide security to assist you in financing
your business. Patents have been used to enhance the value of shares
and to enhance a brand image in marketing.
Patents provide protection for inventions. A patent holder has the right
to prevent others from using the invention defined in the patent for a
period of up to 20 years.
WHAT IS REQUIRED FOR A PATENT?
The essence of an invention must be technical, and for patent to be
granted, an invention must meet the following requirements:
Patents are a legal property. A valid patent will protect your investment
in innovation. A patent may allow you to improve your negotiating
position with customers, competitors, suppliers and sales agents as
well as enabling you to enter markets presently beyond your reach via
licences. In industries which cannot compete on manufacturing costs, a
patent may be an essential element in defending your business against
competition. A patent may provide security to assist you in financing
your business. Patents have been used to enhance the value of shares
and to enhance a brand image in marketing.
Patents provide protection for inventions. A patent holder has the right
to prevent others from using the invention defined in the patent for a
period of up to 20 years.
WHAT IS REQUIRED FOR A PATENT?
The essence of an invention must be technical, and for patent to be
granted, an invention must meet the following requirements:
