Patent FAQs

What is a patent?

A patent is a monopoly right granted by the State to an inventor.

Technically, a patent is an item of property which can be bought, sold, rented or hired.

What rights are granted by patent?

A patent gives the inventor the right to prevent others from making, using or selling the invention without his or her permission.

A patent does not give the inventor the right to make, use or sell the invention himself. This is because the inventor’s ability to do these things may be subject to the patent rights of others.

Where do patents apply?

Patents are territorial in nature. A UK patent will only give its owner rights within the United Kingdom. This includes the rights to stop others from importing products into the UK which infringe the owner’s patent. If you wish for patent protection in other European countries or the USA for instance, you must make separate applications.

How long does a patent last?

A patent has a life of up to 20 years. However, due to the pace of technological change, most patents are maintained for only 7 – 10 years.

What can be covered by a patent?

Patents may be obtained on products or processes. They are intended to protect the way things work, what they do, how they do it, what they are made of or how they are made.

What cannot be covered by a patent?

Discoveries.
Scientific theories or mathematical methods.
Aesthetic creations such as literary, dramatic or artistic works.
Schemes or methods for performing a mental act, doing business or playing a game. The presentation of information, or computer programmes which do not perform any technical effect or function.
New animal or plant varieties.
Methods of treatment of the human or animal body by surgery or therapy. Methods of medical diagnosis.
Perpetual motion machines or other “inventions” which operate contrary to established physical laws.

What criteria are used in granting a patent?

In most countries the main criteria are that the invention is new and that it involves an inventive step.

In many countries novelty is judged on a world-wide basis, that is to say, the invention must never have been made public in any way, anywhere in the world, before the date on which the application for the patent is filed.

What is an ‘inventive step?’

This can be difficult to judge. An invention must involve something more than just a trivial difference over what is already known. A red bicycle is novel over a green bicycle but clearly lacks inventive step. However, a blue squash ball was held to be potentially inventive over a black squash ball. The invention lay in the appreciation that the flight of a blue squash ball could be more easily perceived than that of a black one.

How long does it take to get a patent?

The process of obtaining a patent can take from three to five years and sometimes longer. .

If it takes 3-5 years to obtain a patent, won’t this hold everything up?

No. Once a patent application has been filed at the British Patent Office, it is possible to talk about the invention to others, or sell products incorporating the invention, without jeopardising the possibility of obtaining a valid patent, and without the risk of someone else stealing the idea.

How do I apply for a patent?

You need to prepare a Patent Specification, containing:-

A detailed description, with drawings, of at least one version or embodiment of the invention.

A series of statements, which define the overall scope of the invention, thus providing protection for variations which are not specifically described in the document. These statements form the basis on which the patent application will be searched and examined by the Patent Office.

What happens after I lodge my patent application?

Once the Patent Specification has been lodged at the Patent Office, the applicant will be given a filing date and an application number. Nothing further needs to be done for a period of one year. Most people use this time to develop the invention further and/or to explore commercial possibilities with manufacturing partners or licensees.

When can I file an International or PCT application?

Towards the end of the year, you can file an International or PCT (Patent Cooperation Treaty) application. This can cover a large number of countries and allows the inventor to proceed with only a single application for a further 1 1/2 years, making a total of 2 1/2 years in from the initial filing date. It is vital to establish the commercial value of the invention within this 2 1/2 year period.

What happens after 2 1/2 years from filing an application?

When 2 1/2 years has elapsed from the initial filing date, the inventor must decide in which countries to seek patent protection and enter separate patent offices for the territories chosen. Most inventors opt for Europe (via the European Patent Office) and the USA (via the US Patent and Trademark Office). Japan, China, Australia and Canada are also frequently selected.

Each application then proceeds separately and independently in each patent office, according to the procedures laid down in the territories concerned. A further one to three years – and sometimes more - may elapse before patents are granted.

How much does it cost to obtain patents?

It may cost from £2,000 to £3,000 to obtain a British patent and perhaps two or three times that amount for other countries. However, these costs are spread over several years and patent applications need not be pursued unless, at each stage, there is a good commercial reason for so doing.

What are the initial costs of filing patents?

We can prepare and file a UK patent application from around £750 - £1,500.

When the initial 12 month period has elapsed, we can prepare and file a PCT patent from £2500 to £3500. Thus, your total costs for the first 2 1/2 years could be around £4,000.

What are the ongoing costs of patents?

Patents need to be kept in force throughout their lifetime by the payment of renewal or maintenance fees, normally on an annual basis.