Patents
Patents provide protection for new and improved products and processes in all fields of technology. It is not an uncommon misconception that patents are granted only for inventions of a significant and technically sophisticated nature. However patents are also granted for uncomplicated inventions involving a modest measure of innovation provided the invention meets the normal requirements of being new, non-obvious and capable of industrial application. It is therefore important that professional advice is sought before a decision is taken as to whether or not patent protection is appropriate for an invention.
A patent protects the concept underlying an invention within a particular territory for a set period, which is normally up to twenty years, and allows the owner to stop others from benefitting commercially from the invention, for example, by manufacture, use or sale of products made to the invention. In view of the territorial nature of patents, patent protection must be sought in each territory of interest to the patent owner. Normally patent protection is sought in the major markets for the patent holder although patent protection may be sought elsewhere depending on the wider commercial circumstances. For example patent protection may be sought where a competitor has a manufacturing base or where there is a key distribution hub for an internationally traded product. Procedures and costs for securing patent protection abroad vary from jurisdiction to jurisdiction. In filing and prosecuting patent protection abroad we work closely with trusted overseas associates.
Although patent protection may be perceived as comparatively costly the expense is normally spread over several years and may be a fraction of the value of trade secured by the patent protection. Nevertheless it is important that care is taken in deciding what inventions are to be protected and that patent strategy is reviewed on a periodic basis.
We have considerable experience in advising on patent protection and in the drafting and prosecution of patent applications in the UK and abroad for direct clients and overseas associates. We also conduct patentability and infringement clearance searches and advise on patent validity, patent infringement and the development of non-infringement strategies.
For further advice on patent protection please contact us on: [email protected].