How to Protect Your Invention

Vacuum cleaner tycoon James Dyson famously spent many thousands of pounds on patents long before any of his products came to market, but had he not done so his unique cyclone technology could have been appropriated by rival manufacturers.

If you have what you think is a great idea, you must not breathe a word about it to anyone, except a patent agent or solicitor, until your initial application for a patent has been filed. Any patent will be worthless if it can be proved your idea was already in the public domain. Others will be free to exploit it. And even when your patent has been granted, it is sensible to keep mum until your invention hits the streets.

Before spending time and money, make sure your invention does not already exist. Some libraries detail patents, and your local branch will tell you which library can help. Then judge whether anyone will want it. An invention may be original and clever, but it will not make you money if nobody buys it.

Drawing up patent documents is a skilled job, so it is usually better to use a patent agent. Patent agents - sometimes called patent attorneys - are specialist solicitors who can be expensive and typically charge from a few hundred pounds up to £5,000. But they can couch your patent in terms that ensure all variations on your invention are covered, so others cannot legally make money from spin-offs. They can also organise foreign patents.

Most patent agents also help you approach firms to back you. When you get in touch with a firm, outline your invention only in broad terms, unless the firm has signed a professionally drawn confidentiality agreement.

Look for a patent agent belonging to the Chartered Institute of Patent Agents.

Alternatively you could hire a solicitor specialising in 'intellectual property', the global term for patent, copyright, trademarks and design registration.

From filing an initial patent application at the Patent Office to having it granted takes an average of 33 months and costs £200.

You can fast-track your application by paying upfront. After filing your initial application you have 12 months to find backers before you have to complete your application.

Once you have the patent, you have a monopoly on it for 20 years, and can sell it or leave it to someone in your will.

Beware firms, often from the USA, advertising for inventors to back. Typically, they will supply a glowing report on your device, say they will put thousands into marketing it, and then comes the sting - you must match their investment.

• The Patent Office: 01633 814 000 http://www.patent.gov.uk

• Institute of Patentees & Inventors: 189 Regent Street, London W1R 7WR. http://www.invent.org.uk

• Chartered Institute Of Patent Agents: http://www.cipa.org.uk

3 comments

M G Visram
05/01/2012

Is there something like provisional patent and if so how much does it protect me.

 

shak@africaonline.co.ke
05/01/2012

Is there something known as "Provisional Patent" and if so how does it protect my invention !

 

M G Visram
26/12/2011

What is a provisional patenet (If tjere is any sich thing) If so, how protective is it to my desigm? Thank you

 

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