Patents and intellectual property

Small businesses are often the most innovative places in which to work as they are mostly unencumbered with the administration and overheads of larger companies.

Working hard as we all do to build a business may result in the creation of a genuinely new invention such as a new product, process, machine or way of doing something. You may go out of your way to invent this thing or you may come across it accidently as part of your day to day work.

Either way you should protect this invention and potentially earn some money from your discovery.

To protect this invention, at the same time as making the inventor disclose the new finding, we have a system of patents.

As an example the world of IT is full of patents, from the mouse we move to operate our PCs through to the way in which a piece of software works. With a modern patent system both the original inventor can be rewarded and the idea shared for the benefit of others.

The world of patents and intellectual property can be complex. It is strongly suggested that advice be sought from a patent attorney or other legal source if you consider an invention you have is patentable.

Should I bother with a patent?

Imagine that you are busy writing some computer software or designing a new production machine. If this work is genuinely novel then the chances are that it may be suitable to be patented. This patent should enable you to prevent others copying your idea and offer you a revenue stream should you wish to licence the idea to a third party. So yes, you should bother about patents as they can both protect you and help generate income for your business.

Of course not every new idea is really brand new. There is an old adage that says “There is nothing new under the sun” and in many cases your novel idea may have already been patented by another party.

The good news is that the size of your business has no influence on your ability to invent new, patentable ideas. Many of the best ideas have come from those working alone in garden sheds or in other very small businesses. On the other hand huge multinational corporations can churn out many patentable inventions each year, but then they do have multi-billion Pound research funds.

Copyright or patent?

Copyright is designed to protect creative or artistic works rather than an invention. Typically copyright can be applied to novels, manuals, software code, music and arts. Patents apply to new inventions and how a thing may work, what it does and how it is made. Once a patent has been granted it can be used to prevent others making, using, importing or selling the thing it applies to. For a patent to be granted the invention must be examined and proved to be a new, inventive step which is not obvious to others and capable of being made or used by an industry.

How to get a patent

Patents can be applied for using an application form. This application must have a full description of the invention along with drawings and plans. Once submitted the patent is examined by experts in that particular field and if appropriate a patent is granted. Details of the invention are published and the inventor is sent a patent certificate.

How much does it cost?

To apply for a patent you will be charged about £200 which includes searches against similar works and the cost of the examination. If you need to have professional advice regarding your patent then the cost may increase dramatically.

Further information

There are a number of resources that can help you learn more about patents. Do take a look at these and give serious consideration to protecting your hard work by taking out a patent.

UK Intellectual Property Office

Innovate Patent Consultancy Services

Free Patents Online

Commercial suppliers

We do not recommend specific products or suppliers; instead we provide you with a representative sample which covers the range of suppliers/products available. You may choose to look at these suppliers or products but this is entirely at your discretion.