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.

The essence of an invention must be technical, and for a patent to be granted, an invention must meet the following requirements:

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 past twelve 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. Disclosure at some kinds of exhibition may not destroy novelty if an application is file within six months of that disclosure.

Warning: Do 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 that 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 or animal body and certain diagnostic methods are not considered capable of industrial application 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, dramatic, 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 instances.

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 area such as electrical, mechanical and optical devices. We have experts in chemical inventions, including pharmaceuticals.

We also have considerable experience in patenting computer related inventions including hardware and software. For more information, please see David Weitzel's Handy Guide to Patents or contact us for further advice.

DURING THE PATENT PROCESS

IDEA
We will discuss your new product ideas with you, and recommend the best ways of protecting them, including filing registered designs and/or trade marks as well as patents.

To see the Patent Process Flowchart >> Click Here <<

OWNERSHIP
We will advise you as 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.

THE PATENT APPLICATION
We will draft the specification for your application in consultation with you and ensure that the application is safely filed. We shall 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 so that you 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 else rights may be lost. Any agreements such as licences and assignments must not fall foul of various monopolies and antitrust legislation or the licence may become free. 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 wound up or a proprietor dies it is important that the transfer of their patents is 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 your intellectual property.
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 - which is why the patent process starts and ends with Brookes Batchellor LLP.