Patents - An overview

Patents protect inventions. Inventions can be products, materials, processes and new uses of known products.

Most inventions may be patented, including mechanical devices, chemicals, pharmaceuticals, electronic devices, at least some software, new methods of manufacture, and chemical processes.

Patents can provide a powerful commercial tool. If a patent is correctly drafted it can protect the underlying 'idea' behind an invention. This can make it very difficult for others to produce a competing product which does not infringe the patent.

Patents may be used to prevent others from commercialsing the protected invention, whether by sale, manufacture, import or use.

The Patent Process

In order to be patentable an invention must be 'new', that is to say, it must not be known to the public at the date of filing the patent application. The invention must also be more than an obvious variant of what is already known.

The patent process typically involves filing a detailed description of the invention at a patent office such as the United Kingdom Intellectual Property Office and then steering the application through the search and examination procedures. This can be a lengthy process, lasting up to five years or even longer. However, details of the invention may be disclosed and the invention commercialised once the application has been filed, but not before. Disclosure of an invention before the application is filed may in some countries render the resulting patent invalid.

Patents may be attacked and 'revoked' by third parties at a later date if they turn out not to be new or inventive at the date of filing the application.

Patents remain in force in most countries for twenty years from filing, subject to the payment of renewal fees, typically every twelve months.

Patents and patent applications can be licensed or transferred between different parties. Mortgages can be raised on patents. Patents are also valuable assets when seeking third party investment.

Patent Searching

Patent databases can provide a valuable tool for inventors. Most patent applications are published eighteen months after filing. Patent searching can provide much information on the activities of competitors.

Patent searching is also an important tool when determining if a product is free for use, i.e. can be used without infringing the patent rights of a third party. Such clearance searches are an important step in the product development cycle before substantial investment is made in commercialising the product.