It's time to get serious about protecting your invention. The first step is choosing the right people to represent you. Then it's time to move onto the real deal, getting your application filed with the UK Intellectual Property Office (IPO). But before you do, you'll need a properly written specification. Not sure how to do this? Read our complete guide on how to protect your invention in the UK!
1. How to protect your invention in the UK
One of the best ways to protect your invention in the UK is to apply for a patent. You can apply for a patent in the UK through the Intellectual Property Office. If you have a patent, then you have a monopoly on using your invention for a limited period of time. The duration of a patent in the UK is 20 years from the date of filing.Forced Licensing: You may be able to apply for a compulsory license instead. A compulsory license has a very different legal effect. Generally speaking, a compulsory license only applies to other companies that want to use, or test, your invention for 14 days from the date that your application meets the requirements for a patent in the UK. Date of Patent: While a patent in the USA almost never expires, many patents issued in the UK remain in effect for 20 years ( okay, technically only nine of them, as other countries can apply their law in place for a limited period of time without expiring). Extension of the Life of a Patent: Notice that earlier we said a patent cannot be extended? Well, good news! This isn't a flaw in the patent system, it's part of the patent application process. And (thank goodness for the attorneys in the back!) if your application meets the requirements for a patent in the UK and goes into effect as a compulsory license in no more than 14 days from the date of filing, then you have a standing patent in the UK! As a result, you're eligible to get a huge number of permissions! For more information about standing patents, check out this video! Don't Lose That Patent: Because the patent is a "living" document, the IPO will not automatically renew your patent. In order to get a sitting patent, you'll need to submit an application for a new patent; and meanwhile, you'll have to "wait it out." So if your patent expires in 10 years, you'll start fresh.
2. The first step to protecting your invention is picking the right people.
The first step to protecting your invention is picking the right people. Working with the right attorney to get the ball rolling is critical to the success of your invention. The attorney you choose should be able to guide you through the patenting process and answer any questions you might have along the way.
Both the Patent Office and the I-CANN Office are authoritative places to research the current and future state of international patent law. If you're wondering which comes first: IP protection or registries, then you're not alone. Having a firm grasp on international patent law is vital to protecting your new invention. It's a long process to finish the job; these resources can help.
The ultimate goal of protecting your invention is to stop copycats from stealing your idea and using it without your permission. The Promotion of Novelty and Discovery of Inventors Act (PANDID) ensures that you can only protect your invention with a patent if it earns you at least £20,000 ($33,000) in revenue.
Because invention is a slow process, it's important to build in a protective period. The Protection of Design Rights (Protodid) Act gives you additional time, ranging between two and five years, to protect your design. If you want your invention to be safe from copycats, having a period to extend is extremely important.
Many inventions are small. But protect your big ideas by working with someone who knows about patent laws and what to look for. Seek counsel as soon as possible after you begin searching for a replacement for your lost product.
Ten years ago, it was easy to find a web page that listed dozens of techniques for suppressing copying. Today, there's a much longer list of techniques, covering everything from cloaking to DNS-over-TCP. Less common and innovative forms of intellectual property have been found too, such as inverse teases, tone-deaf methods, and bait and switch schemes. Start by learning how to patent your idea.
3. The next step is getting the application filed at the UK Intellectual Property Office (IPO)
The next step is getting the application filed at the UK Intellectual Property Office (IPO). This can be done through a patent attorney, patent agent, or directly through the IPO. The application is made up of three parts: an application form, the specification, and the claims. Specifications are the most important part of the application. They are the written description of your invention.Any little technical details like the elasticated rubber band should be mentioned explicitly in the specification. Let's take MockingBird, the silly song detector invented by Cadbury. The specification includes a rather lengthy description of the object:
MOCKING-Bird means a device for detecting birdsong and other sounds.
The claim then lists a whole host of sounds and birdsongs that can be detected:
"A device for detecting sounds and/or visual images"
"the device comprising: (i) an electronic sound detecting device; (ii) means for increasing or lowering the sensitivity of said electronic sound detecting device; and (iii) means for providing instructions for use in said electronic sound detecting device in order to detect sounds and/or visual images."
And then, as the specification explains:
"the invention referred to in List 1 to my application includes a system for detecting bird tow; a software program for said system for reading said specification, calculating the details of a sound detection signal for said writing and providing said signal to said electronic sound detecting device; and means for linking said electronic sound detecting device to a network for storage in said electronic storage device."
Note that although we use the word "write," these specifications are not legal documents. There is a legal process for making legal filings known as an "interim specification." Thus, each specification can be broken down into two files: a "Release" or "Name Sheet," separated by the pipe symbol. Note that both filing fees and paperwork are required to complete.
4. Before you file, you need a proper specification written up to protect your idea.
To protect your idea, you need to make sure you have a proper specification written up. A specification is a document that describes your invention in detail. You should describe how the invention works, the materials that are used, how it’s made, and any other relevant information. It’s best to hire a professional to write the specification for you.
The specification should be based around UK patents. Please check out our complete guide on How to Apply for UK Patents, as this will guide you through a patent application process.
Once you have your specification, it’s time to take things to the next level. Get Your Spec to the IPO!
The IPO screens proposed inventions for quality and sufficiency. Some inventions fall under more than one category; for example, it can be a violation of UK Intellectual Property Rights to make a'method' or a 'product'. The IPO assesses whether the proposed invention is of genuine technological merit and if it is not, whether it is commercially viable within the public interest. All profits from the sale of a ‘covered invention’ are taken away from the inventors (subject to exceptions a.k.a. strip-seizing an idea).
If your idea is “patentable” (i.e. you can produce a working prototype that is safe, reliable, and legal to sell), then the IPO will scrutinize you. Your submission will be assessed against pre-established rules, and you will either be approved for the IPO or denied.
A lot of things can affect your chances of getting your invention into the IPO. A full list of prohibited and qualifying devices can be found here.