FAQ
- What is intellectual property?
Intellectual property (IP) refers to creations of the mind, such as inventions, designs, brand names, and artistic works, that are legally protected. Types of protection include Patents, Designs, Trade Marks and Copyright. - What is a patent?
A patent is a legal right granted to an inventor, giving them exclusive rights to make, use, or sell their invention for a specified period (usually 20 years). - What types of inventions can be patented?
Inventions must be new, involve an inventive step, and be capable of industrial application. Abstract ideas and certain types of software may not qualify. - How do patents differ from copyrights and trademarks?
Patents protect inventions, copyrights protect creative works like books or music, and trademarks protect brand identifiers such as logos and names. - How long does it take to obtain a patent?
In the UK, it typically takes 2 to 4 years to grant a patent, depending on the complexity and examination process. An accelerated process is available. - How much does it cost to file a patent application?
Filing costs vary, for example US fees are listed here. Additional costs for legal advice and professional drafting can exceed $3,000. - Is a patent valid in every country?
No, patents are territorial and must be filed in each country or region where protection is sought. Certain multi-country options are available with European (EP) and PCT (WO) patent routes. - What is a provisional patent application?
A provisional application is a preliminary filing that establishes an early filing date but does not grant patent rights until a full application is completed. - Can software be patented?
In the UK and EU, software can only be patented if it provides a technical solution to a technical problem. - What happens if someone infringes on my patent?
You can take legal action, which may result in damages or an injunction to stop the infringement. - How can I search for existing patents?
Use online databases like the USPTO database, Espacenet, or WIPO’s PatentScope to conduct a search or commercial databases such as PatWorld, PatSnap or Questel’s Orbit Intelligence. - Why is a patent search necessary?
It helps determine if your invention is novel and avoids conflicts with existing patents. It can also be used at the R&D stages to help define best options and can be used to break patents. - What is freedom to operate (FTO)?
FTO refers to the ability to commercialise a product without infringing existing patents. - How do I find a patent attorney?
Look for qualified professionals through directories such as the USPTO’s searchable directory in the US. - How do I patent my invention or obtain a patent?
File a patent application with a detailed description and claims at your national patent office, such as the USPTO, EPO, UKIPO or WIPO, and proceed through examination. It is best practise to use a professional (a Patent Attorney) to draft your patent application. - Looking for a professional search?
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