Commercialising Technology - Securing Patent Protection

Companies and individuals invest in R&D to secure technical leadership over competitors in their field. Patenting inventions is their route to protecting their R&D investment and securing competitive market advantage.

Patents protect inventions by giving the owner the right to stop anyone from making or using the invention without the owners permission. This right, granted in the UK by the Patent Office, is legally enforceable and is valid for up to 20 years - provided the annual renewal fees are paid.

In other words, a patent is a right to stop competitors from commercialising technology you own rights to for a period of time. This right exists only in the country for which a patent has been granted. If you only obtain a UK patent your will stop competition in the UK but allow competition in all other countries. Generally speaking, patent protection is sought in all the markets where the invention will be commercialised.

Is it commercially viable?

Patent protection creates a significant barrier to competitors commercialising similar technology in the market. But to secure that right the applicant must:

• Disclose the technical details of the invention during the patent application.
• Pay a fee to the patent office for it to be examined and validated as new and innovative.

This process typically takes around 24-30 months to complete assuming the application is un-opposed at the publication stage – about 18 months from the date of filing at the patent office.

Can I, should I file a patent application?

Here are five issues to review when defining your patent protection strategy:

1. The invention must be new
2. The invention must contain an inventive step
3. The invention must be patentable
4. Can you wait for the patent to be granted?
5. Would your invention be more valuable as a trade secret?

Some thoughts on these issues, the costs and patent protection timelines are outlined in the downloadable file "Patenting My Application". Click on this link to be re-directed to the Downloads Page.

How do I file a patent?

Filing a patent is not typically a do-it-yourself process. Obtaining sound legal advice from a patent attorney is a prudent approach. You will find a link to The Chartered Institute of Patent Attorneys (CIPA) on the links page and some additional details on the patenting process outlined in the “Patenting My Invention” file on the Downloads page.

Some points to remember

• Don't make the details of your invention public before filing a patent application.
• Patents are not kept secret - their contents are published. A trade secret is an alternative route to protecting your innovation.
• A national patent only gives you rights in that country. To stop others from using your invention in another country you need patent protection in that country.
• Accessing patent information may be a valuable source of competitive information and scientific advances and give you insight into your own commercialising technology strategy.