What is a patent and how to patent your invention an overview?
A patented invention is what you want to have when you bring your product to market. Unlike a trademark or copyright, a patent provides you with an exclusive right that no one else can infringe upon or even come close to imitating for 20 years from the date of filing. Understanding what exactly a patent is and how it can impact your business is crucial. For more information, see this article.
- What is a patent?
A patent is a form of legal protection granted to an inventor or designer for a limited period of time (usually 20 years) in exchange for public disclosure of an invention. The purpose of the patent system is to encourage inventors to disclose their inventions.
Patents protect new products, classes of products, processes, methods of using products, new combinations of products, and new ways of doing something. Patent applications are public so anyone can read through your application, examine previous applications, and evaluate if it merits patent protection.
Patents are essential for the development of innovative technology and provide a legal ground to protect intellectual property. Because of this, every company must apply for and obtain a patent. Patents reduce the likelihood that potential infringement will occur because the infringer will be aware of your patent, and any infringing product would have to be completely invented, while you may only be aware of using the patented product and the proper theory of technological operation. For more information on patents, see this article.
Part of the patent application process required to obtain a patent involves answering public questions. These questions do not have to be technical; they can cover a company’s entire operations. Questions can help determine if your invention could be of market value; if users of the invention would find it useful; if the technology is new; and if certain market features are needed in order for the idea to be useful.
In exchange for answering a public question, the applicant had to publish information about the question and underlying patent application on a Web site, a conference call, or in a newsletter.
Protection from infringement occurs when the UK Patent and Trademark Office (UKIPO) finds that the patent is valid. If no claim for infringement is found within the time limited by the patent, the patent automatically becomes “abandoned,” which means it was refused, revoked, invalid, or abandoned, and its patent rights revert to the patent owner.
2. How do you get a patent for your idea?
You can obtain a patent for your idea from the United Kingdom Patent and Trademark Office (UKIPO) by filing the appropriate patent application. A patent is a set of exclusive rights to the use of an idea or invention that can be used to prevent others from making, using, selling, offering for sale, or importing the patented invention or its components.“Patents are a way for the U.K. government to ensure that it owns the exclusive right to an idea and the only people allowed to independently create and use it are U.K. citizens or entities with a license to use the idea under copyright law.” Virginia Tech Law Review.
Patents are deemed to have been obtained without the use of force or threat of force to induce secrecy, nor fraud or mistake of any kind. This gives the inventor assurance that the information published is genuine, and protects your business and name from being used illegally, as the patent holder can legally stop other industrial competitors from copying and illegally utilizing your invention.
Every patent is assigned a patent number to facilitate tracing and cataloguing. Additionally, you would need a patent to protect your idea in the event your company were to offer to another company after it is commercially launched.
In 1992, California became the first to enact Patents Act, which provided that:
Patents are fundamental to protecting innovative products, ensuring they reach the people who need them, facilitating innovation, and fostering the development of new industries.
“Patents are incredibly important. Between 20% and 30% of a company’s revenues normally come from patents. Patents are more valuable than dollars and cents.” Nanodegree Magazine — Entrepreneurship and Technology.
Patents are used to protect specific inventions. Once the patent is acquired, companies who desire to use your invention are free to license it, but it may be difficult to get a profit from it. The patent rights expire after 20 years after the filing date. To find out when your patent will expire, you may consult a patent lawyer.
3. What is the difference between a utility patent and a design patent?
Utility patents protect the invention itself, so the unique way in which it works, what it does, and how it’s made. A utility patent is the strongest form of patent protection available, but it’s also the most expensive to get and maintain. It’s best to start off by building out a plan. Here are some considerations to make.
Musts for a Basic U.K. Patents Plan:
Time frame: 6 months is optimal. If you’re doing this via patent filing and have your product ready to launch within 3 months, then your timeline is very short indeed. Do not rush it unless you have a lengthy demand. In other words, give yourself enough time to productize, market, and secure the first round of trials.
Preferred form: go the extra mile by providing the preferred form with your application. For a “minimal” patent application, you’ll want to avoid the extra step of providing the form as an appendix to the application. You can even request that the preferred form be included in the application! Providing it as an appendix protects your interest in the patent, and allows others to move forward from there.
Musts for a Foreign Patents Plan:
First access rights: a foreign national can only have U.S. patent protection for 25 years from the date of filing. This is in line with international copyright treaties and is a practical requirement if you want your foreign nationals to share in your profits and your functions. Perhaps one of the reasons for establishing a foreign patent license is to allow your foreign national to pursue U.S. rights and obligations.
Eligible persons: you must make sure you’re focused on individuals for whom you’re planning to serve as agents. It usually helps to ask yourself, “Would I want my business partner or my assistant to be my agent?” If the answer is “no” to both questions, tailor the plan to who you are. If you are a foreign national, then your agent must have the U.K.
4. Who can apply for patents for inventions?
According to the United Kingdom Patent and Trademark Office, the patent law describes inventors as “any person who invents or discovers any new and useful process, the machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.”
The invention must be new, useful, and non-defect to qualify for patent protection. Invention by itself does not confer patentable subject matter before publication in the United Kingdom Patent and Trademark Office (UKIPO), which can take extensive process involvement.
Patents were made available to the general public nearly 100 years ago: indeed, Samuel Webster first put the word “patent” into the dictionary in 1758. In 1790, the first patents issued in the United Kingdom were for magnetic writing in Bristol, England; typewriting in Philadelphia and Davenport, Iowa; and a process for making gilded bowls.
Prior to the year 1990, all patent applications were registered with and granted by, each respective patent office. The process of determining eligibility for a patent was by analogy to grants of patents by state legislatures, including the first patent issued in the United Kingdom was assigned in Virginia on May 12, 1790, by the governor.
Patents were intended to shore up investment in frontier industries where patents offered strategic advantages when compared to other investments in that particular sector. In this sense, a patent is similar to a trade secret. However, as discussed later, a patent can be privacy-invasive for the business and these dangers warrant careful consideration as your decision-making process develops.
Practical examples of how patents impact your organization are abundant. Patents help both large and small companies differentiate themselves from their competitors. A typical patent might cover an anti-counterfeiting process, improved machine process, or blueprint method. This means that a patent is most often secured by large organizations with deep pockets or a legacy in the relevant industry.
5. What are the benefits of patents and how do they help businesses?
Patents are very important legal documents, which give an inventor the exclusive right to make, use or sell their invention for a limited period of time. A patent is a legal document (granted by the government) and is used as a form of legal protection. As it pertains to startups, there are different types of patents and each has different levels of protection granted. These protections range from traditional forms of protection such as licenses for manufacturing and use to limited use, business method and patent assignment clauses. Legal scholars typically refer to the patentable subject matter as “matters of general utility” or “matters of particular utility” or in patent parlance, “patents are to inventions what trademarks are to marks.”
Patents can be claimed in several different locations. A patent can be granted by a governmental entity, a branch of the military or an individual inventor. Sometimes, patents may even be filed anonymously. The location where the patent is filed has a much bigger impact on its validity than the actual document itself. It is now important for a startup with a pending patent to understand both the geographical validity of the patent and the location of patent issuance.
If a certain region (or country) is claiming patent jurisdiction, perhaps it has a stronger legal basis than another country that might have a weaker claim. Understanding the broader perspective of a patent can lead to stronger legal protections being given by the issuing country, which can serve as the cornerstone of the U.K Copyright Act of 1976.
Diageo (owner of Guinness) is an excellent example of how not to protect your intellectual property (IP). The 1980s liquor company wanted to acquire Speyside distilling company Pimm & Fields. The Speyside region of Scotland produced around 85% of the country’s alcohol production at the time. Likely in an effort to cling to market share, Diageo sued Pimm & Fields and won.
