Patents

A patent is a legal cover, provided by the government, for the inventor of a new physical product that may benefit the public at large. For up to 20 years, the inventor is granted ownership of the product, and may be transacted like any other business commodity with exclusive rights within the United Kingdom. This also gives the owner rights to stop any imports of the patented product from outside the UK.

There are, however, limitations to the issue of patents against products. The guidelines provided by The Patent Office for the product are listed below.

1. The invention must be new
   It is imperative that the invention be not known to the public before you file for a patent with the Office, either within the UK or overseas. This includes a demonstration in public of the product or advertising/publicity through the media.
   
   
2. The invention must be an innovation
   In any way, it should not be a replication of or similar to an existing product in the market. It should represent at least an alteration of the design and an advancement of the current product, and should be recognised by experts to be so.
   
   
3. It should be applicable to a process
   The invention must be pertinent to an activity, thus requiring the product to be in a physical form, as stated above, in the form of a device, an industrial process or operational technique.

The product should not be an “excluded” item for the Patents Office of the UK. The list includes

• A discovery of some sort;
• A theory or method, scientific or otherwise, which cannot be placed in the market as a commodity;
• A work of art or display as an artistic expression;
• A technique or method evolved to accommodate current conditions, such as some form of skill exercising programme;
• A presentation pattern or method of expression, as in the form of a website.
  

You may however, apply for cover by copyrights and/or trademarks for such items.

The patent is designed to give the inventor some room to profit from his/her creation by either starting a formal business based on the invention or license it to a company in exchange for royalty. The patent can be seen as a deal between the inventor and the government for a monopoly, as long as the patent lasts. The patent acts as a deterrent against potential infringement of the law, although the Patent Office does not favour any party to the dispute over an infringement.

The Patent Office requires the applicant to submit full detail of the innovation, in exchange for the full ownership and control, which is published by the Office for the benefit of the public. This allows competitors to arrange the supply of the product as soon as the patent expires. In addition, it also gives them the chance to create a more advanced product to compete with the patented invention, thus consistently benefiting the public with newer and better products.

As often stated, ignorance of the law is no excuse. The phrase applies in the case of a patent as well; you should be well aware whether your invention is already patented by some other inventor. You may even be granted a patent, but this does not secure you from being convicted of infringement of an existing patent, regardless of what your status is.

As mentioned earlier, the Patent Office does not favour any side in a dispute. A patent may also be revoked if the appeal considers the reasons mentioned in the Patents Act 1977. A successful case may require the patent to be revoked entirely or in part, amending the objectionable areas. The Patent Act 1977 also provides that anyone may criticise on the legitimacy of the invention regarding which details have been published, possibly obviating the grant of the patent.