Patenting Ideas – Costs and Best Practices

Have a brilliant idea for the next great invention? The logical next step is to try and gain intellectual property protection for that great idea in the form of a patent. The following is an overview of what the requirements are in order to start the process of a patent application, and how to best move forward.

An inventor who has obtained a patent has the legal right to prevent anyone else from importing, producing, or selling the same product. It also creates a monopoly that prevents competitors from creating an imitation of the product or one that is substantially similar. When a patent is in place, it protects what a product does and the materials used to construct it.

Should someone attempt to duplicate a product protected by a patent, the individual or organisation that obtained the patent can take legal action. Patent holders have the right to sell their inventions as well as the Intellectual Property rights to it.

In order for an inventor to qualify for a patent, their idea must be unique and have the ability to be produced. The following items are not patentable:

• A product that goes against public policy or common morality
• Animals or plants
• Artistic work of any kind
• Mathematical or scientific discoveries, methods, or theories
• Medical methods of diagnosis or treatment
• Methods for doing business
• Methods for playing a game
• Specific presentation methods

The Process of Applying for a Patent in the United Kingdom

Before taking the time to apply for a patent, inventors should plan to do a patent search to find out if the product idea is actually unique. While searching a patent database is the best way to avoid unintentional duplication, entrepreneurs can also search local brochures and conduct a general Internet search.

Occasionally, the U.K. Intellectual Property Office initially approves an application and then discovers that a portion of the inventor’s design was already known by the public. This situation, known as prior art, invalidates the previously approved patent. Inventors should also conduct feasibility research to determine if the investment in time and materials is worth the expect pay-off.

Inventors have the option of applying for a patent either online or by post. The application needs to include a detailed description of the product along with a set of claims. In addition to a description in words, a set of claims should include all technical features of the invention along with a description of how these features are different from those of products already on the market. Form 1 of the patent application includes a brief summarisation of the product’s technical aspects.

What to Expect After Submitting a Patent Application

Shortly after the U.K. Intellectual Property Office receives the patent application, it checks to ensure that the ideas contained within it do not pose a risk to national or public safety. It can take more than four years from the time an inventor submits an application until the time he or she receives notice of its approval.

Upon successful review of an application, the inventor’s name and address appears in several Intellectual Property journals. The entrepreneur then has six months to apply for a substantive examination, the final step necessary for approval. All patent information is published at that time. The current application fee ranges from 230 to 280 pounds, although this is not due until 12 months after submission.

Though the patent process requires some time, effort and money, the peace of mind that comes with knowing your great invention idea is legally protected is priceless.