Patent Law

Patent Law

Matt Dixon (Partner) gives expert video advice on: What is a patent agent?; What is a patent attorney?; What is the difference between a patent agent and a patent attorney? and more...

What is a patent agent?

A patent agent is a specialist legal advisor who can advise you on all aspects of intellectual property law, but in particular patent law. A patent agent, which is the same thing as a patent attorney, is someone, usually with a science or engineering background, who has studied over a number of years to qualify in the legal aspects of intellectual property law and to be able to advise the public.

What is a patent attorney?

a patent attorney is a specialist legal adviser who advises people how to get patents. So, patent attorney in general will have a science or engineering background that is well trained over a number of years to be qualified to advise the public .

What is the difference between a patent agent and a patent attorney?

In the UK there is no difference between a patent agent and a patent attorney. The two terms are for the same thing.

Do I need to use a patent attorney?

In the UK there's no requirement to use a patent attorney to represent you before the UK Patent Office, but it's a very good idea to get professional advice in something as complex as patent law. If you file a patent application which then becomes published, then your invention will become known and you'll have lost your opportunity to file a subsequent patent application if the first one didn't do what you thought it was going to do.

If someone copies my invention, can I stop them?

Yes, you can use your patent to stop someone that's making your invention, that is selling your invention, and that's importing it into the countries where you've got patents. Remember that patent only covers the market in a given country. Yes, you can take legal action against someone who is copying your invention.

Does a patent give me monopoly rights?

Yes, a patent is a monopoly right. It does not matter whether someone has seen your invention, they don't have to show that they have copied your invention in order to take action against them, it is enough that the product they are selling meets the definition of the thing you patent or what your invention is, and if you can show that you can take action against them. So yes, a patent is a monopoly right.