The patent process: invention patents

Patent Definitions

The Patent Office: The patent office is a government organisation which controls the issue of patents.
Patent search: A search carried out to establish if an idea or invention has already been patented.
Patent application: The document submitted to the patent office to acquire a patent on an invention.
UK Intellectual Property Office: The official government body responsible for granting Intellectual Property rights (including patents and copyright) in the United Kingdom. It is the new name for The Patent Office.

Patent: A patent protects a new invention by giving the owner the right to prevent others from making, using, importing or selling the invention without their permission.
Registered Design: Sole right to use the form or appearance of a design.
Invention: An object, process or technique which displays an element of novelty.
Prototype: A functional, although experimental version of a product. For more details click: invention prototype
Inventor: A person who develops a new method or device for performing a task.
Intellectual property: The legal field dealing with creations of the mind in many areas including inventions.
Copyright: Exclusive rights, normally given to the inventor, to produce copies and to control an original work.
Trademark: A type of intellectual property normally comprising a name, symbol or logo.
License agreement: In the field of inventions: a document of contract between a manufacturer and inventor. Normally involves terms and conditions such as payment for exclusive or non exclusive rights to the invention.

Patent FAQs

I want to patent my idea what do I do now?
Request a free patent info pack on how to patent an idea. It includes information on the patent process, filing a patent application and approaching the UK patent office. To receive a pack please fill in your details on our Free Patenting Info Pack page. Please feel free to call us if the pack does not answer all your patent questions.

What is in the Free Patent Info Pack?
It contains: quick guide to inventing for profit; information on patenting; press articles about Innovate Design; an idea submission form; a confidentiality agreement and a Freepost envelope. Fill in the submission form and the confidentiality agreement and send it back to us in the Freepost envelope.

How do I know you aren't going to steal my idea?
We send you a signed Confidentiality Agreement (in your free info pack) before you disclose the idea to us. This is a legally binding agreement that prevents us from using the idea or telling anyone else about it. We are an approved consultant provider with Business Link in London, to further reassure our clients.

What is a confidentiality agreement?
This is a legally binding document that protects your idea. We will never ask for details of an idea until one of these has been completed and signed by ourselves and the inventor. It means we can not take the idea further without the permission of the inventor. For more information please see our: What is a confidentiality agreement? page

What is the likelihood of success?
If your idea is good, original, feasible and has a clear market then it is more likely to succeed. Innovate offers a free initial assessment to help establish if the idea is viable. Innovate specialise in helping inventors progress from rough sketch to patented, developed product that is ready to sell to a company. (Invention Case Studies)

Can't I just put my idea in front of industry now?
The idea needs to look credible and well presented to stand a chance in gaining the confidence of the industry. You only get one chance and the presentation should not be underestimated. Industry are more likely to support an idea if they can see it has been thought through and properly developed. You also need to patent of other form of idea protection before showing the idea to anyone.

How does Innovate make money?
We charge for our services up front. This allows the inventor to maintain 100% ownership of the intellectual property and the resulting royalty payments.

How much is all this going to cost?
The cost varies from project to project. Once you have received an information pack send your idea to us and we will complete the initial assessment and call you to discuss progressing your specific project.

Can I get help financing the project?
Possibly. Firstly you would need to know what costs there maybe in developing the project so you can calculate the funding level required. Therefore you need to send the idea in and we will call you back to discuss the options.

Patent Search Questions

Is a Patent Search necessary?
Obtaining a patent and getting a product to market can be a time consuming process. Before embarking on this it is often a good idea to complete a worldwide patent search. The results of the search will determine the best approach to developing the idea. We suggest going through our free initial assessment and then we will suggest if a patent search is advisable for your idea.

If the Patent Search finds my idea is that the end of the project?
Sometimes but not always. When we have the results of the search we can establish the best way to move forward. Sometimes the design process can create further intellectual property that can then be patented. It is always best to find out if a patent on the idea already exists, as early in the project as possible.

I am sure my idea doesn't exist, do I still need to do a Patent Search?
Some people patent an idea and then wait for a company to approach them to buy the patent. Therefore if the idea is not on the market it it might be that someone has patented the idea but just not sold the patent yet. Equally some companies patent ideas and then take a long time to develop and manufacture the idea. Again it might appear through a market search that the idea has not been done but actually it might have been patented but has not has not appeared on the market yet.

I have done a Patent Search on the internet, do I still need to do a Worldwide Patent Search?
It would be prudent. It is unlikely that you will be able to conduct a conclusive search and correctly interpret the results without prior experience of the patenting system. Using a professional researcher can pay dividends in the long run. For more info about the importance of global patent searches click here: Global Patent Search

So what happens if my Patent Search concludes that no-one has patented the idea?
We then discuss the best way to proceed. This varies from project to project and there is no standard process. In some cases we would suggest filing for a patent or using our partner patent agent. Often it is advisable to complete some product design work on the idea to avoid infringing other patents. The product design stage results in a professional standard presentation that can be shown to industry or to potential investors.

Patent Process Questions

Can I patent a business idea?
You can not patent a business idea unless it involves a new product idea. You also can not patent a scientific or mathematical discovery, theory or method; a way of playing a game; a book, drama, piece of music or artisitic work. If you have a new idea that does not involve a novel product we suggest you contact Ideas 21.

Can I patent a website idea?
Probably not. The patent system exists to protect inventions or products and not websites.

I saw a product abroad but it is not in the UK, can I patent it here?
No. The idea is in the public domain and can not be patented here.

How much does a patent cost?
That is a complex question. It is free to file a patent application with the UK Patent Office initially, but there is a fee of £200 (correct at the time of writing, July '08) to be paid by the end of the second year after filing. It can either be paid upfront when filing or split into £130 in the first year and £70 in the second. If the patent is granted, then after year 5 you have to pay an annual fee to maintain the patent. This fee increases year on year from £50 in year five, to £400 for year twenty.

The decision to the register the patent in other countries has to be made at the end of year one and every country you choose increases the cost of the patent.

Some people choose to use a patent agent rather than file the application themselves. The cost of using a patent agent can vary between £1500 - £3000. Innovate has a patent agent who works with us and offers a substantial discount for clients of Innovate Design. For more information click here: Patent Application Advice

What does "Patent Pending" mean?
"Patent Pending" means that an application for a patent has been filed at Patent Office. It is the same as "Patent Applied For." There are laws preventing people using these phrases if it not true. These phrases do not mean that the patent has been granted.

How long does a patent last?
The patent can be maintained for a maximum of twenty years.

Can I get a Worldwide Patent?
No. 135 countries co-operate in the patent co-operation treaty (PCT). You could register the patent in all these countries separately but it would be very expensive.

Registered Design Questions

How much does it cost to register the design?
To register the design in the UK with the UK Patent Office costs £60 for the first design and £40 for every additional design in a multi application. However it might be more prudent to do a european registered design for 240 euros as this covers all of europe in one application.

How long does a registered design application take?
A UK application takes 3 month from application to being granted. European community designs vary but take around the same time.

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