Patents
Protecting Your Business
Patents
A patent allows the inventor of a technical product or an industrial process a monopoly right over its development and exploitation in order to prevent others making use of or selling the invention. A patent granted in the UK remains in force for up to twenty years.
Before granting a patent, the Patent Office has be satisfied that the invention meets specific criteria, namely:
-
that it is a new concept
-
involves an inventive step and
-
that it is capable of industrial application.
Certain categories of work are not capable of being patented, including computer programs, animal or plant life, rules of a game and mathematical formulae.
Applying for a patent can be a lengthy process. It is therefore worthwhile considering applying for a patent at an early stage of the invention in order to avoid others attempting to patent the product or process before you do. Be careful, however, not to apply while initial changes are still being made otherwise a patent may not cover the product in its final form. It is extremely important that the invention should not be made public or disclosed to any person or organisation (except under a confidentiality agreement) until such time as a patent has been granted.
A patent granted in the UK only offers protection in the UK. In order to ensure protection over your invention overseas it will be necessary to submit further applications in the relevant countries unless they have subscribed to an international convention.
If you are granted a patent Borneos can advise on the granting of an exclusive or non-exclusive licence of your patent to allow others to make use of your invention in return for royalties paid to you. Alternatively, we can help with the sale or marketing of your patent.
Infringement of a patent can give rise to a civil action for an injunction or damages for the loss suffered by the patent owner. We can give guidance on avoiding infringing a patent or in taking action against those whom you believe have infringed your rights.
Please click on the link for our update on software, copyright and patents
If you would like to discuss how we might help you, please:
-
call any of our office numbers listed at the bottom of this page;
-
contact one of our specialists direct by clicking on their name below; or
-
complete our enquiry form
Members of our team specialising in this area:
