Patent Applications

Patents protect inventions that are novel, non-obvious, and industrially applicable. Patentable subject matter includes: new products, machines, devices, chemical compositions, manufacturing processes, improvements to existing inventions, and software-related inventions with technical character. However, you cannot patent: scientific theories and mathematical methods, literary/artistic works, business methods as such, computer programs as such, methods of medical treatment, presentations of information, and anything immoral or contrary to public order. The invention must also be: completely new (not previously disclosed anywhere), involve an inventive step (non-obvious to experts), capable of industrial application, and sufficiently described to enable reproduction. Professional patentability assessments help determine if your invention qualifies for patent protection.

Patent application timelines vary by jurisdiction: UK patents typically take 2-4 years from filing to grant. European patents usually take 3-5 years. US patents often take 2-3 years. The process includes: filing application, initial formalities examination (few weeks), publication 18 months after filing, substantive examination (12-24 months), potential objections and responses (6-18 months), and final grant or refusal. Delays can occur due to: examiner objections requiring detailed responses, complex technical subject matter, backlog at patent offices, and opposition proceedings by third parties. You can expedite some applications with fast-track procedures for additional fees. Professional patent attorneys help navigate the process efficiently and respond to objections effectively.

Patent costs vary significantly by scope and complexity: UK patent applications cost £280-£310 in official fees plus £3,000-£8,000 in professional fees for straightforward inventions. European patents cost €4,000-€6,000+ total including prosecution and validation. US patents cost $5,000-$15,000+ including professional fees. International (PCT) applications cost £3,000-£5,000 initially, then £2,000-£5,000 per country for national phase entry. Additional costs include: annual renewal fees (increasing over time), patent searches (£500-£2,000), responses to objections (£1,000-£5,000 each), and opposition proceedings (£10,000-£50,000+). Professional assistance is essential given the technical complexity and high official fees. Many firms offer fixed-fee packages for standard applications.

International patent filing depends on your business strategy: If you only manufacture and sell in the UK, a UK patent may be sufficient initially. However, patents are territorial - a UK patent doesn't prevent copying in other countries. Consider filing in: countries where you plan to manufacture or sell, major markets for your technology, countries where competitors might copy your invention, and countries with significant manufacturing capabilities. Options include: European Patent Office applications covering 38+ countries, PCT applications allowing delayed national filings, and direct national applications in key markets. Filing strategy should consider costs (easily £50,000+ for global coverage), market potential, competitive landscape, and enforcement capabilities in different countries.

Patent examination involves detailed review by qualified patent examiners: The examiner searches for prior art (existing patents and publications) relevant to your invention. They assess whether your invention meets patentability requirements: novelty, inventive step, industrial applicability, and sufficiency of disclosure. Common objections include: lack of novelty (invention already known), lack of inventive step (obvious to experts), insufficient disclosure (can't reproduce invention), and excluded subject matter. You receive an examination report detailing objections and have opportunities to respond by: amending claims to overcome objections, arguing why objections are incorrect, submitting additional evidence or expert opinions. The process typically involves 2-4 examination rounds. Professional response to objections is crucial for successful patent grant.

Yes, patents are valuable business assets that can be commercialised: You can sell (assign) your entire patent ownership to another party for a lump sum payment. Licensing allows others to use your invention while you retain ownership and receive royalties. License types include: exclusive (only licensee can use), non-exclusive (multiple licensees), or sole (only you and licensee). Licensing terms typically include: territory, field of use, duration, royalty rates, minimum payments, and quality control. Considerations include: your ability to commercialise vs licensing income, licensee's market reach and capabilities, ongoing royalty vs upfront payment, and maintaining some control over your invention. Professional assistance helps structure deals that maximise value while protecting your interests.

Patents and trade secrets offer different protection strategies: Patents provide 20 years of exclusive rights but require full public disclosure of your invention. Anyone can read your patent and improve upon it. Trade secrets can last indefinitely but require keeping information confidential. Key differences: Patents give legal monopoly but with time limit and disclosure; trade secrets have no time limit but no legal exclusivity. Patents protect against independent development; trade secrets don't. Patents require meeting patentability standards; trade secrets just need commercial value and secrecy. Choose patents when: invention is easily reverse-engineered, you want to prevent all use, invention meets patent requirements. Choose trade secrets when: information can be kept secret, invention might not meet patent standards, you want indefinite protection.