What is a Patent?

A 'patent' gives an inventor exclusive rights to use their invention for a limited time. These rights will prevent other parties from copying or selling the invention without the permission of the inventor.

The inventor only has exclusive rights within the registered country and will therefore only prevent parties within the same country from copying or selling the invention. The rights will also extend to prevent parties within the same country from importing similar inventions from overseas.


What Inventions can be Patented?

• Products
• Processes (functional or technical)
• Software

An Example of a Patented Invention

House appliance manufacturer Dyson invented a revolutionary way to prevent vacuum cleaners from losing suction power. The invention was the introduction of a 'cyclone' effect within the vacuum cleaner, which replaced the need for a dust bag (the main reason why vacuums lost suction power).

After patenting the invention, Dyson went on to create the technology Dual Cyclone™ in 1993 and the Root Cyclone™ in 2002.

However, Dyson's closest competitor - Hoover - introduced a similar product (the Vortex) that used the same cyclone technology allowing them to introduce a bag less vacuum cleaner. The infringement of the patent cost Hoover £4 million in damages after a court battle that lasted 3 years (ended in 2000).

Qualifying for a Patent

An invention will only qualify for a patent if:

• It is new

• It is clearly an 'inventive step

• It can be feasibly manufactured and used in industry

In addition, a patent will not be granted if the invention is:

• A discovery

• A scientific theory or mathematical method

• An aesthetic creation such as a literary, dramatic or artistic work

• A scheme or method for performing a mental act, playing a game or doing busines

• The presentation of information, or a computer program

Source: www.ipo.gov.uk


How Will I Know if My Invention is New?

Inventors can (optional) file for a process whereby the Patent Office searches through existing files to determine if your invention has already been patented. The Patent Office will also decide whether your invention is not simply a progression of an existing product/process.

On approval, you are free to apply for a patent.

Although the preliminary search does incur a cost (detailed later) it is beneficial to save you time completing a lengthy application for an invention that already exists (if this was the case).


How Long Does a Patent Last For?

A patent lasts up to 20 years from the first day of registering. However, after a patent has been registered for 4 years, the inventor must renew the registration every year (until the maximum 20 year limit).

If the inventor fails to renew the patent, the invention is free to be used by other parties.

Page 1. An Overview of Patents
Page 2. How to Apply for a Patent