What is a patent?
A patent protects the technical and functional aspects of how something works, such as a new product or process. It is an intellectual property right granted to an inventor as a reward for publicly disclosing their invention which allows others to use and improve upon the invention when the patent owner’s monopoly right (up to a maximum of 20 years) has lapsed or expired. The patent system therefore helps to ensure technology continues to advance.
A patent is a territorial right to prevent others doing what is commercially important to you and your business in a particular country or region without your consent. You do not need a patent to allow you to do something, but a third-party’s patent may have an impact on whether you are able to make or sell a product, or operate a process, in a particular country. Therefore, it is important to ensure, as best we can, that the patent landscape is clear before doing so, particularly in view of significant tooling costs and/or potential damages for patent infringement.
What are the key requirements to be granted a patent?
The key requirements to be granted a patent in most major jurisdictions are that the invention is new and inventive, i.e. not obvious, in view of what is already known. It is therefore vital a potentially patentable invention is not publicly disclosed before a patent application is filed because doing so could prejudice any chance of obtaining valid patent protection for the invention anywhere in the world.
How long does a patent last?
The maximum term of a patent in most countries is 20 years, subject to payment of renewal/maintenance fees, and thereafter anyone is free to work and improve upon the invention without the risk of infringing the patent. The patent system therefore helps to ensure technology continues to advance in the right direction.
Do I need a patent attorney to file for a patent?
No, anyone can file a patent application in the UK. However, less than 5% of self-filed UK patent applications result in a granted UK patent. Therefore, it is advisable to consult a qualified patent attorney who will ensure the patent application is prepared in a suitable and acceptable format and that the claimed invention is accurately identified and defined in the application as filed.
How much does it cost to file a patent application?
The typical cost to file a UK patent application for a relatively simple mechanical invention that was devised in the UK is around £4000-6000+ depending on the complexities of the invention and the technology area. However, we generally provide an accurate and fixed cost for you to consider and approve before proceeding. We also provide fixed costs, where at all possible, for the key stages of the application process to provide our clients with a degree of certainty and to allow them to budget accordingly.
Someone may have infringed our patent. Can you assist?
We certainly can. We will work with you to determine, in our opinion, whether or not an infringement has occurred and then advise how best to proceed.
We may have infringed someone else’s patent. Can you help?
Yes, we would be happy to help. We will work with you to determine the scope of protection conferred by the third-party patent and, in our opinion, whether or not an infringement has actually occurred. We can then advise how best to proceed. We may also look into the validity of the third-party patent as a defence to any infringement allegation you may have received.
We have designed a new product but do not want to infringe a competitor’s patent – can you advise?
We can work with you to identify any third-party patents that may exist covering any territories you are proposing to launch a new product or process in, and then determine whether or not an infringement risk, and in turn a barrier to entry, exists. Carrying out a so-called ‘freedom to operate’ search and analysis before a proposed product or process is launched could avoid significant costs further down the road.
We are interested in buying a third-party’s IP portfolio which includes patents – can you support us during the due diligence stage of this acquisition?
We certainly can. We can help you to fully understand the coverage, scope of protection, ownership and status, etc., of any IP rights you are seeking to acquire from a third-party before any transfer agreement has been finalised. We can also assist in relation to recording the change of ownership at the respective Intellectual Property Offices.
Our Patent Services
Our specialist patent attorneys can assist you in the following ways:
- Carry out an initial audit of your existing IP and identify any areas of your business where valuable IP is being created and could be protected for a variety of commercial reasons;
- Prepare and file a new UK patent application for a new and technically advantageous invention relating to a new product or process;
- File foreign patent applications, e.g. in Europe and the US, to seek patent protection for an invention overseas via a trusted and well-established network of qualified patent attorneys in all major jurisdictions;
- Manage new or existing patent portfolios, such as monitoring renewal fee deadlines and attending to renewal fee payments, recording changes of ownership, address, etc.;
- Assist you to successfully enforce your patent rights against an alleged infringer;
- Carry out infringement and validity analyses to determine if you infringe a third-party patent right and/or if the third-party patent was validly granted and therefore even enforceable;
- Perform freedom to operate (FTO) searches and analyses to determine whether or not the patent landscape is clear before launching a new product or process in a particular country or region;
- Prior art searches and analyses to determine the patentability of an invention;
- Support in-house patent teams in relation to patent drafting, prosecution, opposition, competitor searching and monitoring, etc.; and
- Due diligence of a seller’s IP portfolio to support a potential corporate acquisition.
Your Patent Experts
If you would like to find out more about protecting or enforcing your patent rights, please do get in touch – we would be delighted to speak to you.
Contact us
Adrian Sewell
Founder | Patent Attorney | Mechanical Engineering
Nick White
Consultant Patent Attorney | Chemistry & Advanced Materials
Richard Gillespie
Consultant Patent Attorney | Electronics, Computers & Telecoms
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FAQs
How do I patent an idea?
A patent protects an invention, not merely an idea. In other words, an idea must be sufficiently developed to be a working invention before a patent application can be prepared and filed. The invention must be clearly and accurately described in the patent application, typically with accompanying drawings, to allow a skilled person to work the invention. The claimed invention must also be accurately defined from the start of the application process to ensure the scope of protection conferred by a granted patent actually covers the final product or process being commercialised and is not unduly narrow for a competitor to easily design around and avoid infringement.
A patent application is processed for 2-4 years before a patent is hopefully granted. The keys stages of the application process include an official search for any relevant ‘prior art’ (typically other patent applications or granted patents describing similar inventions and which have been published before the filing date of your application) and substantive examination. It is impossible to predict what prior art a patent examiner may cite during the search and examination stages so unfortunately it is impossible to say whether or not a patent will be granted for an invention before filing a patent application. However, we will of course provide our expert opinion on the probability of being granted a patent for a particular invention based on our extensive experience.
Do I need a patent?
A patent is a ‘negative’ right which means it prevents others from commercially benefitting from your invention without your consent. Therefore, you do not need a patent to commercialise a new product or process but without protection that commercialisation may not be as successful as it could be, particularly in one or more competitors are allowed to freely copy the invention and take advantage of some, if not all, of your marketplace without infringing any rights. Therefore, a granted patent can significantly increase the commercial success of a new product or process.
Furthermore, any interested third parties, such as an investor or buyer, will typically seek certainty in the way of IP protection before proceeding with any commercial discussions.
The words ‘patent pending’ or ‘patent applied for’, alongside the application number, can be applied to the product and/or to any corresponding marketing material, such as a website, as soon as the patent application has been filed. A patent application is also not published until 18 months after the filing date of the application so no one can see the contents of the application for a year and a half after the filing date which can provide an effective head start in the marketplace. Even when the application has been published by the Patent Office, any interested third parties reviewing the contents of the application are unlikely to be 100% confident a patent will not be granted until the application is ultimately withdrawn or refused. Therefore, whilst typically the ultimate goal is to be granted a patent, the deterrent benefits of a pending patent application can last many years at minimal cost to the applicant.
Patent rights are intangible assets and typically add value to a company. They can be sold or form a separate income stream by way of licensing, and can also be used to reduce the level of corporation tax payable on the profits associated with a patented invention via the government’s Patent Box incentive to encourage innovation in the UK, alongside R&D tax credits.
Can you help me protect my invention overseas?
We are European patent attorneys qualified to act at the European Patent Office so can file and handle European patent applications. We can also file observations against pending third-party European patent applications and oppose granted European patents on your behalf.
We work closely with a trusted and secure network of overseas patent firms to file and process foreign patent applications on our behalf at the Patent Offices in all major jurisdictions, including the US, Canada, South America, India, Japan, China, South Africa, the Middle East, Australia and New Zealand.
Do you offer international support?
Yes, we support many overseas clients with their IP matters either directly or indirectly via an overseas patent firm.
Are you able to support an in-house patent team?
Absolutely. Our attorneys have extensive experience working with in-house patent teams either remotely or on a secondment basis. This experience includes working with a global leader in automotive components ranging from gasoline and diesel fuel systems to engine management and vehicle electronics, and also with a global manufacturer of orthopaedics, sports medicine, and advanced wound management products.
What are the main sectors you operate in?
We specialise in all areas of engineering, including automotive, medical devices, oil & gas, petrochemicals, green technology & renewables, sports technology, advanced materials & polymers, general chemistry, computers, electronics and telecommunications.
Get in touch
Please do pick up the phone, drop us an email, or request a callback. We look forward to hearing from you.