Patents

2. Patents

Patents are one of the main types of Intellectual Property. Patents protect inventions.

To be patentable an invention must be new.

This means that you MUST keep your invention confidential, at least until you file a patent application, and preferably as long as possible.

If you want to discuss the invention with anyone, you must safeguard your confidentiality with, for example, a Non-Disclosure Agreement (NDA) – this is discussed later in this module and more information can be found on the IPO website

The product or process you develop may be patentable if it is:

• new – a completely new idea that has never been made available to the public, even by you
• has an inventive step that is not obvious to someone with knowledge and experience of the subject
• is capable of being made or used in some kind of industry

Remember, patents can be complex and expensive – it is very rare for a patent to make money for the patentee.

Patent applications

Each country has its own patent system. This means that you will have to apply separately in each country in which you want protection. The European Patent Office does, however, process patents centrally on behalf of its member countries.

A patent office will assess each application, firstly to see if it can be patented, and then to grant the patent.

Patents last for up to 20 years from filing, but must generally be renewed annually (or every 4 years in the United States).

Use this patents template (MS Word 12kb) to find out if patents are right for your business.

3. PATLIB

PATLIB is a Europe-wide network of IP information centres. PATLIB offers access to the publicly available websites mentioned in this guide.

Basic help with patent searching is available on a drop-in basis and you can book appointments at the PATLIB monthly clinic for more detailed discussions.

Visit www.ipo.gov.uk/ip4b/ip4b-uk/ip4b-uk-support.htm for more information.

4. Patent searching

Your first step is to find out if your invention really is new. There are some powerful tools to help you do this.

Espacenet - http://worldwide.espacenet.com - is a FREE patent search tool developed by the European Patent Office.

You can use espacenet to search for inventions similar to yours using keywords. You can also use it to search for patents filed by your competitors. There is a tutorial on how to use espacenet at

http://www.european-patent-office.org/wbt/espacenet/assistant.php

If you think you may need to file a patent application, or just to investigate a particular area of technology, it is well worth spending some time learning to use espacenet.

Free online patent search engines are also provided by:

• the United States Patent and Trade Mark Office at http://patft.uspto.gov/
• the World Intellectual Property Organization at www.wipo.int/patentscope/search/en/search.jsf

There are also fee-based search engines.

In addition, there are companies who, for a fee, will carry out a thorough patent search for you. However, you may want to carry out your own search first.