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How to Guide: Patents and Trademarks
 After
our recent news article on Online Patent
Applications, we have had a number of
requests for more detailed information on
patents and trademarks. As you can now
search and apply for trademarks and patents
online, the process is easier than ever
before, but can still be complicated for new
users.
So here is a brief look at what patents and
trademarks are, and how you can apply for
them; we have also updated our articles on
the two subjects...
What is a Trademark?
A trademark is something that distinguishes
your products from others within the market.
It can be a word or name, a logo, a slogan,
a design, or even a colour scheme, smell or
sound.
A registered trademark gives the business
exclusive rights to use the trademark
in the UK for a limited time (other
countries must be applied for separately)
and
may lawfully prosecute any parties that use
the same trademark in the future.
Trademarks cannot be freely registered and
will be investigated thoroughly before
registration is approved.
How Can I Register my Trademark?
Firstly, you
should search the online database to see if
the trademark you are applying for has
already been taken:
How to Search:
To search, go to the IPO site (linked
below). Simply choose Trademarks from the
left hand menu, and then choose “Find trade
marks”. You can then search by number,
proprietor (the company that registered it),
or by the text in the trademark.
Search online at the
Intellectual Property Office here.
You can apply in writing or online by
completing form TM3. You have to pay £200
per application, plus £50 for any additional
categories you wish your trademark to cover.
The process of examination and approval can
take anywhere from a few months to several
years depending on the circumstances of the
trademark you wish to register, and whether
there are any problems or objections. You
can trace your application status online
once you are given an application number.
Renewal of trademark registrations is
required every 10 years - the above costs
will again have to be paid.
What is a Patent?
A 'patent' gives an inventor exclusive
rights to use their invention in the UK for
a limited time (other countries must be
applied for separately). These rights will
prevent other parties from copying or
selling the invention without the permission
of the inventor.
You can patent products, technical or
functional processes and software. For
example: The 'cyclone' technology used in
Dyson vacuum cleaners.
Inventions only qualify for patents if they
are new, are an inventive step, and can
feasibly be manufactured and used.
You can file for a process where the
Intellectual Property Office will search
through existing files to determine if your
invention has already been patented; or if
your invention is just a progression of an
existing product or process.
A patent lasts for up to 20 years from the
day of registration, but after 4 years you
must renew the patent every year; if you do
not renew it the patent will expire.
How Can I
Register my Patent?
If you believe that you have made an
invention, it is very important that you
keep it confidential. In other words, do not
feely talk about, advertise or demonstrate
your invention: if you do, this will be seen
as publication of your invention and will
affect your patent application.
'When' to apply for a patent is a common
issue. Some inventors apply during the
research stages of their invention whilst
the idea is still new. This will make sure
that they are the first to patent the
invention should any other unknown parties
be producing the same invention.
However, by applying during the early
stages, you could make significant changes
to the invention which will require
re-application (and costs).
You can apply for patents either through the
post, or using an online system. You have to
send a detailed 'specification' document to
the Intellectual Property Office, which
details with description and drawings how
the invention works; along with Form 1/77.
Find out more about applying for your patent
online here.
It costs £30 application fee for a
preliminary examination, £100 for a search,
and £70 for a substantive examination; you
also have to pay (around £40) if you amend
your application after the process has
started. The process takes between 2 and 4
and a half years to complete, though most
are completed within 3 years.
Renewing your patent (after 4 years) costs
between £50 (for year 5) and £400 (for year
20).
Find out more details by reading our
full article for free:
An Overview of Trademarks
An Overview of Patents
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