Patents & Know-How Ideas and Inventions

Ideas and inventions

Your idea or invention must be new and involve an 'inventive step' if it is to be capable of protection with a patent. The invention must never have been made public in any way, anywhere in the world before the date on which an application for a patent is filed. So, keep your idea secret and only disclose it to someone you trust using a proper confidentiality agreement. Discussing your patent with a solicitor or patent attorney is alright because these professionals are under strict professional obligations of confidentiality.

First Step

Talk to an expert to find out whether your idea might be patentable. Then with the expert's help decide whether you want to first have a patent search.

Patent Search

For some inventions it is a good idea to start with a patent Search to find out whether your invention is already known. If it is you would save yourself the expense of a patent application. If it is not already known then the patent attorney will be able to use what s/he learns during the search to draft your patent specification.

On the other hand, sometimes people are not so much concerned about whether they will secure a patent for their idea. In a fast moving industry, and for some inventions, a 'patent pending' status may be all the inventor wants in order to deter others from copying while the product is developed.

Patent application

The first step to filing a patent, whether a UK application, or one ultimately destined as a US or other country application is a UK patent application. This involves filing an important document called a specification. A well drafted specification giving a full description of the invention, will include several claims which take account of ways in which others might attempt to 'design around' the patent. A poorly drafted patent specification is unlikely to afford much protection, and as such is not worth the time and expense involved in filing a patent.

Once an application is filed, you may talk about the invention to others or sell products incorporating the invention.

Next steps - PCT etc

If during the course of a year you decide there is commercial potential in your invention, you should decide whether to continue with your application for the UK only, or whether to extend patenting to other countries. If you want to apply for an international patent outside the UK this can be be filed in virtually any country using the Patent Cooperation Treaty (PCT), for example. This allows you to postpone the final choice and expense of selecting countries for another year or so.

Want to talk to an expert? Ring 0845 130 8536