Patents Defined
What is an 'invention'?
Well the law, in the UK at least, has no definition of an invention. But for an invention to be patentable, it has to be new, it has to involve what they call an inventive step, and it has to be capable of industrial application. It also has to be one of the kind's of things that's not excluded from patent law. Those kinds of things can be computer programs, aesthetic works, methods of doing business, and things like that. So things that aren't technical. But it's always good, if you think you've got something that might be excluded, to get advice from a patent attorney before you decide to go ahead or not to go ahead.
Can I tell anyone about my invention?
You shouldn't tell anyone about your invention until you've filed a patent application. Because your invention has to be new and that means it mustn't be heard of anywhere else in the world ever before. So that means that you need to get your patent application in while your invention is still new, while it's still secret. So keep your invention secret until you've filed your patent application.
If I invent something do I have to patent it before I make or sell it?
No, you don't have to file a patent. A patent just allows you to stop other people from making the product that you have protected. It doesn't allow you to make that product. Other people may have patents that prevent you from making your product, and you might want to find out about those before you decide to set the step of launching a product.
Why should I apply for a patent?
It's a good idea to apply for a patent if you have a new product that you're launching into a market. If you're a new entrant into that market then you're not going to have the advantages that those people that are already selling products have, for example distribution links and an existing brand name for example. So by protecting your product and stopping other people from being able to sell it, you can protect your position in the market place.
Are there ways I can search to make sure my invention is unique?
You can certainly search to try to make sure your invention is unique. There are lots of patent data bases available on the internet. There's a very good data base called 'espacenet' that's available from the European patent office. That allows you to key word search, or search through the international patent classifications to try to find similar ideas.
What rights does a patent give?
A patent allows you to stop other people from making, using, importing, and selling the invention that's protected by the patent in the country where you have that patent. But you have to remember that patent's are national rights so you need one in each of the countries where you want protection.
What are the main requirements needed to gain patent protection?
To get a patent your invention must be novel, it must involve an inventive step and it must be industrially applicable.
What is 'novelty'?
Well, novelty is the test you have to meet to show your invention is completely new and it has never been heard of anywhere in the world ever before. So, that is the reason why we have to keep your invention secret before you fill your patent application, and the patent office would search usually in other patent documents in order to be able to tell you whether they can find something similar, or the same, that is already known.
What is 'inventive step'?
An 'inventive step' is the additional test that you have to show, in addition to novelty, to be able to get a patent. It's not enough that your invention is new. It has to be sufficiently different from what has gone before, and that it warrants a patent. The test is that it has to be not obvious to do what you've done in view of everything that was known before. This is a legal test, and you can get good advice from a patent attorney about how to meet this requirement.
What is 'industrial application'?
Industrial application is the third criteria for patentability, and that is a test to say that this must be something that can be used in some form of industry. It's a test that's very rarely not met and is fairly easy to meet for most things that people invent. Generally, I wouldn't worry too much about your invention being industrially applicable.
What is excluded from patent protection?
The law in Europe exclude from patent protection, specifically things like computer programs, business methods, aesthetic creations and similar kinds of things. But only if the patent application relates to those things as such. This is quite a narrow exclusion from protection, but is often misunderstood. It's very important that if you have an invention in this kind of area, that you get advice from a patent attorney on what you should do. And you should also be aware that in the U.S.A, for example, the law is different, and the same kind of exclusions don't apply.