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? - Patents

Patents protect inventions. The range of subject matter which could be protected by a Patent is broad and includes products, processes, materials and even computer implemented inventions.

A Patent is an exclusive right that gives the Patent holder the power to stop or prevent anyone from making, using or importing an invention encompassed by that Patent without their permission in the relevant jurisdiction in which the Patent is in force.

Generally, the criteria for “Patentability” is that an invention:-

- must be new;
- it must involve an "inventive step"
- it must be applicable to industry (industry here includes agriculture), and
- it must not comprise of subject matter that is excluded.

Also it is important to ensure that the invention must not have been disclosed prior to filing an application for a patent, as this could destroy novelty. Novelty in this instance must not be interpreted to mean the 'invention' is entirely new and groundbreaking. Instead improvements (even minor ones) of existing technology can be patented, especially if that improvement improves performance or leads to a longer life in the technology.

To apply for or a Patent, a Patent application must be filed. This involves drafting a Patent Specification that is subsequently lodged with the relevant Patent Office. This Specification will include a detailed written description of the invention, including claims , an abstract and drawings illustrating all the essential and novel aspects of the invention, and any variations. This description must be sufficient to enable a skilled person who is familiar with the specific field of technology of the invention to replicate the invention or perform its method, without referring too much to other sources of information, other than the specification itself. This means that it is important when making patent applications for the specification to be self standing.

Patent drafting is a specialised skill that is perfected with knowledge and experience over many years in practice and it has been known for even experienced practitioners to sometimes get it wrong. For this reason, it is never recommended for any individual without substantial drafting experience to attempt to do it alone without seeking professional advice.

In the UK, any person can act before the UK Intellectual Property Office, and its not mandatory to use a Registered Patent Attorney, but the titles "Patent Attorney" (which is synonymous with "Patent Agent") and "Registered Patent Attorney" (which is synonymous with "Registered Patent Agent") are reserved terms for those duly qualified.

We are technically qualified to advise on the patentability of subject matter relating to, but not limited to Electronics, Physics, Computer Implemented inventions, Mechanical devices, Medical devices and other fields.

Additionally, we can handle UK Patent Applications filed at the UK Intellectual Property Office or using the Patent Cooperation Treaty route (see more information here). Furthermore, through a network of foreign associates we can also file and process Patent applications to protect your inventions in Europe (at the European Patent Office) and in the US, Australia, Japan, China, Canada and in other countries around the world.

Furthermore, we also offer advice in dealing with allegations or threats of patent Infringement and can work to assist you negotiate a reasonable settlement with another party in a dispute, but if necessary, we may instruct a Solicitor to commence legal proceedings on your behalf.

Some key issues worth considering ?



• Self drafting / filing ? We couldn't emphasise this more. While some technical inventors may be able to clearly describe their inventions drafting Patents require a certain level of skill. Thus, it is not advisable to draft / file a Patent application without seeking professional advice because it is more likely than not that you will get it wrong, and sometimes a badly drafted Patent can be impossible to fix which can lead to loss of rights. In addition, fixing it later in the process will be costly, and whatever matter that you ultimately salvage from the application may not necessarily have the same scope / be sufficient protection to cover your idea's original inventive concept, had you sought professional advice earlier on in the process. We have seen too many inventors who have attempted to self file themselves only to encounter major difficulties - which are not only extremely difficult to rectify but also expensive to do so later down the process, and who ultimately fail to get a Patent (And some who if they do get one, it appears too narrow, is insufficient, unclear and weak, such that it is doubtful whether it would even be possible to enforce). And even if there was a possibility to fix a badly drafted application, a professional representative then has to sift through tens of pages of the specifications / drafts, examining each sentence and referencing with examination / search reports, to form some sort of response that does not add matter, all of which are time consuming and much harder to achieve in practice.
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  Is your idea really new? It would probably be worthwhile to invest in a pre-filing Patent search before developing your concept or ideas any further as this could save you both time and money. Also, take a look at our inventor's checklist to see if you have covered all the considerations

• Has your Idea been publicly disclosed? Public disclosure in certain circumstances may mean that your application could fail. However, if the disclosure occured in breach of a confidentiality agreement (which includes an 'air of confidence'), you may still be able to obtain a patent

• Is your technology worth protecting with a patent? Have you considered other forms of protection? What about the costs involved in developing your technology? Have you explored the possibility of licensing the technology once a patent is on file?

A granted UK patent will only give you protection in the UK. If you require protection outside the UK you should probably consider patent protection in other jurisdictions.

You can contact us with any questions regarding how to apply for a patent, the procedure to grant, self filed patent applications, Patent licensing, technology transfer, What to know before you approach the patent office and when to use the services of a patent attorney.

Computer Implemented inventions
may be patentable in certain
instances although computer
programs as such are excluded.

Medical Equipment may be
patentable, but methods of
treatment or diagnosis
on the human body are
excluded.

Patent Articles