Patents protect new inventions and allow the owner to combat unauthorised usage by third parties. However, patents do not last forever, and there are strict criteria for what can and cannot be patented.
What can be patented?
Patents protect processes; the way things are done. They can protect mechanical devices and other physical inventions, but they can also protect a method of achieving an outcome. Specific criteria determines whether or not something can be patented. To qualify, inventions must:
- Be new. The invention must not have been disclosed in any way to the public prior to applying for the patent.
- Have an inventive step. If an invention is a development of an existing idea, that is an obvious continuation, it likely cannot be patented.
- Be applicable to industry. In other words, the invention must have some sort of practical function that can be applied to usage in industry.
- Not fall within an excluded category. Certain inventions simply cannot be patented. These are defined by the UK Intellectual Property Office as follows:
- a discovery, scientific theory or mathematical method;a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer;
- the presentation of information.
Although computer programs are excluded, inventions involving software can still be patented if they have an impact in the real world. A patent attorney can provide advice on this, as it is often a complex issue.
How do I obtain a patent?
It all starts with a patent application, made to the relevant Intellectual Property Office (IPO). Patents are not universal, so you will need to apply to the IPO in the country (or countries) you wish to apply for patent protection in.
The IPO will then review your application, including searching for any public information that may prevent you from obtaining a patent. The application is then published, and reviewed by an examiner. Once the examiner approves the application, the patent is granted.
It is important to submit this application as soon as possible, especially if you wish to start using your patent commercially. Any usage of your invention in the public domain can prevent you from obtaining a patent. If in doubt, speak with a patent attorney for advice.
How long do patents last?
Patents can last up to 20 years. Four years after the date the patent was filed, annual renewal fees must be paid to maintain the protection the patent provides.
The length of time it takes to obtain a patent can vary depending on the subject matter and complexity of the patent. Please see the timeline below, which details the typical patent application process in the UK.
