Patents - Your Questions Answered
This page, hosted by the Patents information
section of the British Library, offers short answers to some of the questions frequently asked by newcomers to patents and patenting procedures. For more detailed information refer to our bibliography or follow the links. This page emphasizes patents. The How can I protect page hosted by the Patent Office offers advice on protecting many other ideas.
Legal Aspects Of Patents
What Is A Patent?
How Long Does A Patent Last?
Getting A Patent
Other People's Patents - Avoiding Infringements
UK and Overseas Patent Protection
Patent Protection for Software and Business Methods in the
UK
Searching For Patents Information
Searching for Patents Information
How Do I Search For Relevant Patents In My Subject Area?
Exploiting An Invention
What Is A Patent?
A patent is a legal right which, when granted, gives the patentee (the applicant
for the patent) a monopoly to make, use or sell the invention within a jurisdiction
(or jurisdictions) for a fixed period of time. The patent is granted in return
for full disclosure of the details of the invention.
If I invent something do I have to patent it before I make
or sell it?
You don't have to but once details of an invention have been disclosed through
selling a product or otherwise making information available to the public it is
too late to get a patent. There are some other forms of Intellectual Property
Rights besides patents (trade marks, registered designs, design copyright and
copyright) which can be used to stop others copying your products. Or alternatively
you can try to keep a process or product secret but this option offers no recompense
if another person exploits your invention.
How Long Does A Patent Last?
In the UK the legal rights last for a maximum term of 20 years from the date
of filing of the patent application at the Patent Office. The patent has to be
maintained by payment of renewal fees. Once the 20 year term has expired or the
patent has lapsed through non-payment of renewal fees, the invention can be worked
by anyone as long as there are no other intellectual property rights associated
with the invention.
Will the Patent Office ensure that others do not copy
my patented invention?
No. Once the patent is granted it is up to the owner to take any necessary
action to stop others from infringing the patent.
Can I re-register a patent?
Once a patent has been granted (and in the UK and some other countries before
grant) the details of the invention are published. Once in the public domain an
invention cannot be patented again even by the owner of the original patent. Whilst
the patent monopoly has a limited life the information needed to use the invention
remains public knowledge for ever.
Are patents secret?
In return for the grant of a patent the law requires full public disclosure
of the details of the invention. These details are published by the Patent Office
and made available in patent libraries. A few patents have their grant delayed
because publication is considered "prejudicial to the defence of the realm".
Getting A Patent
How do I go about getting a patent?
The main requirement for getting a patent is that the invention is new. This
means that the invention must never have been public knowledge anywhere in the
world before the application for a patent is filed. It is useful to have checked
what has already been patented by others before proceeding further. An application
for a British patent has to be made to the Patent Office on official forms and
with a description of the invention and the official fees. Inventors are well
advised to ask a patent agent to look after this process on their behalf. The
Patent Office has a section explaining how
to protect different ideas which is worth consulting, as is that entire site.
Something that we are frequently asked about is protection
for a new board game. Few patent applications in this area succeed. Trade marks,
designs and copyright are more likely to be relevant. See the Patent Office's
comments
and an unofficial
site by William Maclean, a games inventor.
How do I know if my invention is new?
You will certainly need to search through the published patent documents, and
you might also need to look at other types of literature. In theory you will need
to cover the whole world's literature although in practice you might decide to
carry out a more restricted search. You can either carry out a search for yourself
at a patent library, search in a patent database or commission someone else to
do a search for you. In any case a patent library should be able to advise you
on how to start.
Do I have to use a patent agent?
No, but it is generally advisable to employ a patent agent to draw up a patent
specification and to negotiate with the Patent Office on your behalf. A patent
agent will advise on using related rights such as trade marks, designs and trade
marks to protect aspects of the invention and may be able to advise on commercial
exploitation of the invention. We strongly recommend using patent agents if you wish to apply abroad.
How much does it cost to get a patent?
There is no longer an initial fee for applying for a British patent. Generally,
fees of £200 or more are incurred in obtaining the grant of a patent. In
addition, the fees of a patent agent could be £1000 or more for a straightforward
application. Such costs (which may be higher), plus the costs of translating the
specification into the relevant language, will be incurred in every country in
which you wish to obtain patent protection. Once the patent is granted renewal
fees have to be paid to keep the patent (or patents) in force. The British Patent Office site will give advice and can send a free brochure.
Other People's Patents - Avoiding Infringements
Do I need to be concerned with other people's patents?
If you manufacture, sell or import you will need to ensure that you are not
copying a product or process covered by another person's patent (known as infringement).
And if you are a manufacturer, researcher or inventor it could certainly be worth
your while knowing what your competitors and others are patenting. Patents information
is a huge source of technological and commercial intelligence.
How do I check I am not infringing someone else's patent?
You will need to search through all the patents in force in the countries in which you are manufacturing or selling. This can be done in the patent library or by using patent databases.
Can I copy a patented invention?
Unless you have a licence from the owner of the patent you will not be able
to make, use or sell something which has valid patent protection but you might
be able to use the invention for research purposes, for example. The invention
may be patented only in some countries or may have expired or lapsed in which
case the technology may be available for anyone to use - if you think this is
the case, you should check that no other intellectual property rights exist before
copying the invention.
UK and Overseas Patent Protection
Does an application for a UK patent give worldwide protection
from copying of an invention?
No, a UK patent gives the proprietor the sole right to manufacture, use, import
or sell only within the UK. Within twelve months of filing an application for
a British patent it is possible to apply for a patent in many other countries
on the basis of the initial filing. There are some international treaties, such
as the European Patent Convention and the Patent Cooperation Treaty, which simplify
the procedure for getting a patent in more than one country.
Are the patent systems of other countries the same
as that of the UK?
No, each country has its own law and procedure. See:
Patent Protection for Software and Business Methods in
the UK
Does the UK Patent Office provide patent protection for software?
Following a consultation exercise the UK Government concluded on 12 March 2001
that a programme for a "new machine tool should be patentable but a non-technological
innovation, such as grammar-checking software for a word-processor" should not
be allowed. It therefore decided that "there should be no significant change to
the patentability of software".
It was also decided that the "law is not clear enough" and that "urgent European
action to clarify is needed".
For further information refer to:
Does the UK Patent Office provide patent protection for business
methods?
The UK Patent Office has decided not to extend patent protection to include
business methods.
For further information refer to:
Searching for Patents Information
What is the role of the British Library in patents?
The British Library holds the UK's national patent
document collection of British and foreign patents and literature and databases
concerning patents, which is available to the public. The UK Patent Office is a separate body which administers the UK patent system and grants patents. Together they help the Patents Information Network (PIN), Britain's 13 public patent collections. You can try searching on the Internet by using our key of links but if you find this awkward please consider
coming in to us (a pass is needed from Readers Admissions) or visit a PIN library to do the research. Remember, it is difficult to construct a good patent search and then to interpret the results.
Reader Registration
Patent collections
Research Service
PIN libraries
How do I search for relevant patents in my subject area?
A number of classification schemes have been devised specifically for patents. The most widely used of these is the International Patent Classification (IPC) which is used by the patent offices of over 70 countries and covers every technology. The IPC can be used for both manual (paper-based) and database retrieval. Most databases allow searching for keywords in the title, abstract or text and some have their own specialised indexing systems as well.
Patent collections
Research Service
PIN libraries
How can I find out what my competitors are patenting?
Given the names of your competitors the setting up of a current awareness service that will regularly send you details of their newly published patents is straightforward. In many countries the patent documents will be published 18 months after the first filing by the applicant so you will quite quickly learn what they are developing.
How can I find out about early inventions and inventors?
The British Library holds indexes and documents relating to British inventions from 1617. If you are looking for information on an artefact try our useful
site first or our site discussing the pre 1852 patents.
Otherwise you will need to ask us or to visit a library.
How can I find free patent information on the Internet?
There is a wealth of free patent information on the Internet, with most industrial
countries covered - in some cases from 1920. English language titles or abstracts are also available for most major authorities. It is important, however, to remember that the coverage is not always comprehensive or to the same standard, indexing and classifications may be interpreted differently, and finally, that the search engines on these sites do not provide the facility for using complicated search strategies. Using these sites does not mean that a comprehensive prior art search has been carried out. We recommend that you first read our how to search page and, ideally, visit a patent library when trying our key links to the most popular free sites.
Exploiting An Invention
How do I make money from my invention ?
This is a very difficult problem and one which inventors often do not think about until late in the process of getting patents and other protection. There is no easy or simple answer to this other than researching the possibilities open to you. We have a good stock of books at (B) BF12 and (B) BF 48 which will be helpful.
Other good starting points are these two sites:
Further Information
Patents Information
The British Library
96 Euston Road
London
NW1 2DB
United Kingdom
Tel: +44 (0)20 7412 7919
Email: patents-information@bl.uk
