Patent protection for your business
Jun 8 2009 by Karen Dent, The Journal
PROTECTING the intellectual property of your business is very important, particularly if the product or service you offer is different or indeed unique.
One route to consider is obtaining a patent.
A patent gives the inventor or owner of the business a monopoly right to manufacture, use and sell their invention for a set period of time. If granted, a patent can remain effective for up to 20 years.
As well as protecting your invention, a patent can also generate more revenue for a business, as the holder of the patent is the sole owner of the invention.
It can be used to license others to exploit the invention, again increasing the business’s revenue. A patent holder has the right to take legal action against anyone who imports or sells a product employing their invention without permission.
There are a number of different requirements that must be satisfied in order for a patent to be granted. These include:
Your invention must be capable of being made or used in some kind of industry – you can’t get a patent for a theory or an idea.
It must be new – your invention must not have been made public before you apply for a patent.
It should contain an inventive step.
You also have to be the legal owner of the invention – if it was created when you were an employee, the chances are that your employee is the legal owner, rather than you.
Applying for a patent can be lengthy and costly, so before you go ahead with an application it is recommended you seek advice from a patent attorney.
You can apply for a patent either electronically or by post.
You usually then have 12 months to:
File your claims – precise statements about the invention you want to protect.
Submit an abstract – a summary of your invention including its most important features.
Pay a fee for a search to check whether any similar inventions have been published before.
Getting a patent can seem a difficult process. Business Link offers a useful guide to patent protection online, and has a team of business experts who can help simplify the process.
For more information on patents and how to apply, please visit www.businesslink.gov.uk/northeast or call 0845 600 9 006.
By Jill Lee of Business Link
