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A patent provides commercial protection for your idea or invention to stop anyone else copying it without your agreement in return for placing your idea in the public domain and therefore improving the general store of knowledge. However, patents do not guarantee commercial success for ideas and inventions. Some ideas and inventions cannot be protected by a patent. There are other ways to protect your idea such as registered designs or copyright or trade marks (trademarks in the USA). For more information about patents our Patent Attorney can advise you whether a patent or registered design would be appropriate for your idea or invention.
You cannot patent or gain patent protection for your ideas or inventions if it they are already in the public domain. Generally, your idea will go into the public domain if you disclose the idea or invention to anyone who is not bound by a confidentiality agreement. An exception to this may be a patent attorney who is bound by professional regulations. If your inventions are not protected (with a patent or patents for example) and you disclose your idea to us without a non disclosure agreement in place then you will be unable to gain a patent for your idea in the future.
How much does a patent cost?
If you would like to file a patent application then the initial patent application is free. After filing the patent application you have a year to decide whether to get a full patent. A typical cost for a straightforward patent application through a patent attorney would be at least two thousand pounds. The Patent Office charge for processing a patent application is currently £200.
How long does it take to get a patent for my idea?
It can take several years to get a full patent granted for your invention but you get some protection as soon as you file for a patent application. Our patent attorney can advise you.
Can I withdraw the patent application for my invention?
Yes, the pending patent application for your invention may be withdrawn up to about 16 months from filing a patent application.
How can I search for a patent or patents that relate to my idea?
It is important to conduct a patent search for your idea to ensure that your idea, ideas are novel. You can search for prior patent documents on the Patent Office (Intellectual Property Office) web site. You might find other patents that show that your ideas are not novel and that would prevent you from gaining patent protection for your inventions.
Will I lose my rights if I disclose my idea to Trevor Baylis Brands?
We insist that all applicants sign a Non-Disclosure Agreement for their protection. Your ideas and inventions are reviewed by our Patent Attorney who is covered by his Professional Association rules. These measures ensure that the Inventor retains their rights in their intellectual property. The inventor might lose their rights if they disclosed their ideas to anyone else without a non-disclosure agreement in place.
Can I disclose my idea, ideas, invention, inventions to any third party after I have filed a patent application for the idea?
Yes, but it is strongly recommended that if you disclose your idea then you do so with a non-disclosure agreement in place.
How can I protect my inventions in other countries?
International Convention Applications, corresponding to a basic United Kingdom Application, may be filed in most overseas territories within twelve (12) months of filing the UK Application.
Can I file a worldwide patent application for my invention?
No, there is no such thing as a world-wide patent
Can I file a PCT patent application for my idea?
A PCT patent application is a Patent Co-operation Treaty application, which facilitates the provisional filing of one patent application, which may eventually be extended to over 125 countries. You would need to pay additional language translation fees for each country in which you wanted to bring the patent into force whose language was not that of the original patent.
Can I file a European Patent application for my invention?
Yes, you can file a European Patent application for your idea. A European Patent application is a single patent application that may eventually be brought into effect in any one or more of the European countries that are signatories to the European Patent Convention.
What protection can I obtain for my ideas without the expense of filing a patent application?
Depending upon the nature of your ideas it may be that having prepared drawings of the invention you have established ‘Copyright’ in relation to the representations of the idea. Some features of the idea may automatically be protected by ‘Design Right’. It may also be possible to seek ‘Registered Design’ protection for the development. All that needs to be done is the filing of an application for ‘Registered Design’ protection at the Designs Registry.
If somebody copies my invention and I have not filed for a patent or a registered design for my idea can I take any action to redress the situation?
The short answer is yes, but only if it can be readily proven that any ‘Copyright’ and/or ‘Design Right’ has been infringed by the third party making and/or distributing and/or selling the infringing product; otherwise it may prove too costly to enter an action against the alleged infringer(s). The more complex answer is that, you may be best advised to make representation to the alleged plagiarist offering a licence on terms to be agreed between the parties. If the other party accepts your offer of a licence, you will avoid the costly and time-consuming exercise of resorting to the law for redress of the situation.
How long does a patent for my invention last?
A patent for your invention will last twenty years, upon payment of annuities after year 4.
Will my idea, ideas, invention, inventions be published if I file a patent application?
Not necessarily; an application will only be published after 18 months and then only if you have complied with all the formalities.
Can I speed up the publication of my patent specification and eventual patent for my idea?
Yes, if there is good reason, e.g. someone is infringing the rights you may enjoy from your eventual Patent for the idea or invention.
Can I disclose my ideas to any third party after I have filed a patent application for the idea?
Yes, but it is strongly recommended that any disclosure of the idea is made under a Non-Disclosure Agreement.
Do I have to file claims when I file the patent application for my ideas?
No, it is not necessary to file claims when filing a patent application for your invention; however, it is recommended that claims are filed so that the results of a patent Novelty Search may be obtained in good time before consideration has to be given to continuing with the basic patent application and/or filing corresponding patent applications elsewhere.
If my new invention or product has been made by an outside ‘design house’ to my instructions, do I still own the IPRs, viz. the ‘Copyright’ and/or the ‘Design Right’ and/or the ‘Registered Design Right’ to the idea or product?
The answer should be yes; however, if the ‘design house’ has made any contribution no matter how inconsequential to the shape and configuration of the final invention or product, it will be prudent to obtain an appropriate assignment from the proprietor of the ‘design house’ and any employee thereof who may have worked on the design of the idea or product. Such assignment should also include the assignment of rights from any person or persons who may have been contracted to the ‘design house’ in relation to development of the design of the invention or product.
© Trevor Baylis Brands plc 2008
These are some of the questions that we are frequently asked about Patents and Intellectual Property. For a searchable version of these answers and more answers on other topics please click here to visit our Frequently Asked Questions page.
These answers are given in good faith but Trevor Baylis Brands plc declines all responsibility for the use of information given here. You should always seek proper professional advice before deciding on what is best in your particular circumstances.
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