Many a successful new business is based on exploiting innovation – a new or improved product or a new and improved way of doing something – but if it’s not protected that innovation is free for any competitor to copy. Several of our Clients have appeared on the “Dragons Den” television programme, but only after we had taken steps to protect their inventions by filing patent applications.
Patents aim to protect the underlying big idea behind any innovation. A strong patent can dominate an industry for years to come (up to 20 years). Patents are monopoly rights – any product or process within the scope of the patent needs a License from the Patentee or it can be stopped in court, even if entirely independently thought up.
In general there are three requirements for an invention to be patentable:
• It must be new (in other words not disclosed or published elsewhere)
• It must be inventive (in other words not obvious)
• It must be capable of being used industrially – anything from IT to agriculture – but some things are excluded (at least in Britain and elsewhere in Europe – historically the US has been more generous). A method of medical treatment or surgery as such would be excluded. A computer program that had no technical result would be excluded as such. Mere schemes for doing business are excluded. That said, even in the supposedly excluded area, a patent can often be obtained if the patent claims are carefully worded to focus on technical features. M.J.P. Deans has obtained many commercially valuable Patents for medical, surgical and software innovations.
Patent documents need to be carefully drafted. An application must be filed before any details are disclosed to outsiders other than in confidence. Private inventors and small businesses should seek early professional advice.
M.J.P. Deans handles patent applications directly in Britain and at the European Patent Office, and through associates in other countries.