Information
FAQs
Patents are Important
Patents are granted for new inventions and give their owners the right to stop anyone else from making or using that invention for a limited period.
Patent protection is here to stay, and is important for business, for the country, for the world.
British inventors have had the right to patent protection for their inventions since as far back as the 17th Century. In the past, some countries, such as China, and even the Netherlands, tried doing without patents but soon found that this was not a good idea.
Now virtually every country in the world has a patent system; and the right to protection for inventions is enshrined in many important national and international laws and agreements such as the Declaration of Human Rights, the US Constitution, and the World treaty on fair trade (GATT).
This is one area where international cooperation really works. Countries have been bringing their laws into line and agreeing treaties for a long time. One of the most important treaties on international patenting, which includes almost all countries, has been operating since the 19th Century. The European patent office opened for business in Munich in 1978, and at the same time the World Intellectual Property Office in Geneva started accepting International patent applications.
If you are an inventor, or if you work with (or employ) inventors, you should know that it is important for inventions to be patented. It is important for you, it is important for the country, and it is important for the world. Patent protection is an unusual area and this means that silly stories and 'Urban Myths' are common. To help, here are some common misunderstandings:
Common Misunderstandings
"You can't patent an idea"
You can't patent abstract ideas, such as a mathematical formula, but a patent can give protection broad enough to cover the concept or principle behind a new technological effect or product.
"Patenting is always very expensive"
Worldwide protection may eventually cost a lot of money, but you don't have to start with this. An initial British 'provisional' patent application, which can be relatively inexpensive, holds options open internationally for 12 months.
"It is better to rely on secrecy than to patent"
For some inventions, such as complex recipes, it might be better to keep the details to yourself than to tell everyone about them in a patent. However, most inventions can't be kept secret. Before long someone will find out the details and then there may be no protection at all if it hasn't been patented.
"Inventions are protected automatically by copyright"
Copyright only protects 'works' which are artistic, literary, musical etc. Most technical inventions can only be protected by patents, not copyright.
"An invention can be protected by posting details to yourself or your bank manager"
This might well be helpful in proving that you made the invention at a particular date, but that won't give you any right to protection. If you want to protect your invention you need to get a patent.
"When you get a patent, you can't afford to enforce it"
A full scale court action can cost a fortune - for both sides. There are examples of private individuals suing large companies, in some cases with legal aid. In practice most companies don't want to waste time and money going to court and will often prefer to take a licence or reach some other agreement.
"Large manufacturers will steal your invention and ignore your patent"
If the invention is any good, manufacturers will want to buy your patent so that they can keep their competitors at bay.
They might be able to steal your invention but they can't take over ownership of your patent without your permission.
"You can't stop them taking your ideas in Taiwan"
As countries become more developed it becomes more in their interest to respect patent rights. If you haven't extended your protection to countries such as Taiwan, you can't stop the invention being used there, but you can prevent import back to Britain or any other country in which you do have a patent.
"You can get a patent yourself, without using a patent attorney"
Of course you can (if you have the spare time to find out about all the procedures), and the Patent Office will help you meet official requirements. However, the value of a patent depends critically on the wording used, and you may only have one go at getting it right. Professional assistance can make all the difference between a valuable patent and a worthless piece of paper.
"You can't trust professional advisers"
Inventors are understandably wary about telling strangers about their ideas. Chartered patent attorneys are highly qualified and are bound by professional regulations controlled by a Royal Charter. They are used to dealing with confidential matters of great importance. They wouldn't stay in business very long if they abused the trust of their clients.
It is Important to be Realistic
"A patent can be used to stop everyone using your invention"
That may well be the aim of the patent system (with certain exceptions for nationally important inventions), but in practice this may be difficult. An invention which is really valuable, or easy and cheap to copy, will tend to attract infringers - and it may not be practical to sue everybody. This might be a problem for really simple inventions, and should be discussed with the patent attorney before getting too involved. But in most cases, patent holders are satisfied if they can monopolise part of the market, and stop most of the competition.
"Invent a better mousetrap and the world will beat a path to your door"
Whilst there are indeed private inventors who achieve rich financial rewards, it can be difficult to find manufacturers prepared (and able) to take the considerable risk of investing in new ideas. Inventors need to have realistic expectations and should be prepared to put time and effort into selling their inventions.
"Confidentiality may be better until you know whether it is worth patenting"
It is possible to approach manufacturers under cloak of confidentiality to see if they are interested in the invention, and this does not prevent you patenting later if they are interested. This is a difficult course. It is not so much the risk of having the idea stolen. It is just that it is difficult to prevent ideas leaking out. Also, some manufacturers will refuse to consider submissions in confidence, because it puts them in an awkward position if they are already working secretly on the same idea. The conflicting aspects are best discussed with your patent attorney.
"If your invention is taken up, you will get a lot of money"
Hopefully this will be true, but the manufacturer has to invest a lot of money in launching a new product, and there is never any guarantee that it will sell well. You have to be realistic. Proper advice is needed as to the kind of deal to do with a manufacturer, and this also should be discussed with your patent attorney.
"If your invention is really good, a manufacturer will buy it up to keep it secret"
Patent applications are published at an early stage, and then there is no possibility of secrecy any more. To keep it secret the manufacturer would have to buy your invention at an early stage and then withdraw the application before publication. The manufacturer would then be stuck with an expensive lack of protection if someone else came up with the same idea, or if the idea leaked out. In practice, there is no evidence of inventions being suppressed, and logically this is unlikely to be in any manufacturers long term interests. Don't expect an offer of riches to keep your invention secret!