IP Basics

When any patent application has completed examination and is to be granted, notification is provided to our client. In some jurisdictions there may well be local Publication or Grant fees to have to pay and we will arrange for these and any other local formalities to be dealt with once the client has indicated his wish to proceed.

Before deciding to patent an invention, it is important to understand the procedures and costs that can be involved. This note sets out the typical process together with estimates of the likely costs. Of course, the most appropriate procedure and actual costs can vary significantly from case to case and we can advise specifically on the best approach for you.

If you have made an invention there are various reasons for applying for a patent. You may want to market a product or service and need a patent to protect yourself against competitors imitating your idea.

Having your own patent does not mean that you can ignore other people’s patents. For example, you might have a patent on a specific compound, but another person might have an earlier patent which covers the whole class of compounds. Or if you have a patent on a certain part of a process, there might be other patents which cover upstream or downstream parts of the process that you are planning to use.

With very few exceptions around the world, a patent will be invalid if an invention is disclosed publicly before a patent application is filed. Non-confidential disclosures of your invention to family, friends, suppliers, customers or anybody else must not be made before an application is filed.

International trade has grown substantially in size and importance, not least due to the explosion of e-commerce and budget airline fares. Trade marks have become even more valuable assets for expanding companies seeking recognition and reputation in overseas markets. Consequently, the protection of trade marks overseas through registration is strongly recommended to any United Kingdom individual or company planning to trade in its goods or services abroad.

A patent is a national right. If the proprietor of a United Kingdom patent wishes to obtain protection outside the United Kingdom, then it is necessary to file further patent applications overseas. This briefing note is an introduction to that process.

Intellectual property rights (IPRs), due to their nature as property rights, can be bought, sold or licensed. In order to ensure that such a transaction proceeds correctly, the first owner of the right needs to be identified. Moreover, the owner of an IPR is the person entitled to commercially exploit it, hence it is important to establish ownership in order to avoid disputes.

Patents are a form of intellectual property (IP) right that give their owner exclusive territorial jurisdiction over the invention claimed. If a patent holder asserts that your activities risk infringing their patent rights then you will need to assess the situation quickly with professional advice e.g. from a qualified patent attorney.

As a holder of intellectual property (IP) rights you have the tools you need to protect the results of your creativity and innovation. Patent owners benefit from exclusive rights to the invention claimed. The monopoly provided by your patent rights can really give you the edge in your market. But what should you do when an unauthorised party seems to be exploiting your protected technology and eroding your commercial advantage?