Intellectual property is everywhere and can be a very valuable asset to a business. Patents are one example of intellectual property. They protect the way something works. As such, they can protect both products and processes.
In this blog post, former IP Inclusive intern Susan Nelson looks in more detail at what patents are as well as providing an example of a well-known patent.
What is a patent?
A patent is a special right that recognises that what you have created belongs to you. The right means that other people cannot use your product or process without your permission.
Examples of things that are protected by patents include the iPhone, quadcopter drone, 3D printer, Bluetooth, the Google page rank and the solar panel, as well as chemistry-based products such as hair dyes and medicines. Sometimes products can have more than one patent granted over them. For example, lots of different parts of the iPhone are likely to be individually patented.
How to get a UK patent?
To get a UK patent, you must apply to the UK Intellectual Property Office (UK IPO). The UK IPO will grant you a patent if you satisfy certain conditions. The right then lasts for 20 years.
An expired patent means that the product or process cannot be patented again unless it is changed in some way. As such, to get a new patent, you need to make a useful development to your product or process. It must still be new and “non-obvious” (read more about this below).
Getting a patent outside the UK
Patents are known as territorial rights. This means that once a patent is granted, it is only applicable in the country it was granted in. As such, if you want your patent to apply in a different country, then you must apply to that country’s patent office. For example, if you wanted a patent in Australia you would have to apply to IP Australia or if you wanted a patent to be enforceable in the US, you would have to apply to the United States Patents and Trademark Office.
Things are a little different in Europe. In Europe, you can make a single application to the European Patent Office. If granted, your patent will be protected in 39 countries. These countries include France, Germany, Italy, Spain and Switzerland.
Conditions to satisfy
To patent a product or process you must satisfy the following:
- It must be new and not have been made public prior to the application. You should not tell anyone about your idea before you apply to patent it.
- There must be an “inventive step”. It cannot be an obvious development of something which already exists.
- It must be able to be made or used in any industry.
- It cannot fall into an excluded category. This includes things like works of art and mathematic methods.
If someone copies your patented process or product without your permission, you can obtain an injunction from the courts to stop them from doing this. An injunction is an order by the court to stop doing something. You can also claim damages (compensation).
Example of a patent
Summer temperatures have been increasing in recent years. You’re probably taking care to drink a lot more water on hot days. But did you know that the plastic water bottle is an example of a patented product?
Many people consider Nathaniel Wyeth to be the inventor of the technology that exists behind water bottles. In 1973, Wyeth patented the first ever PET (polyethylene terephthalate) bottle. This is a plastic bottle that is able to withstand the pressure of carbonated drinks like Coke or Fanta. One of the main benefits of PET bottles is that they are recyclable.
What would a career in patents look like?
There are lots of careers where you could work with patents:
- IP solicitor – advises clients on how they can best protect their intellectual property and helps deal with any disputes.
- Patent attorney – advises clients on patents and how to obtain them and use them in their business, supporting them in the patent application process.
- Patent examiner – assesses patent applications and decides whether they should be granted or not.
- Patent support roles – these could include a patent paralegal or formalities clerk, IT support and secretarial roles.
- Patent searcher or analyst – helps to find out what information was known to the public prior to the invention, to decide whether it can be patented.
Visit our IP career options webpage to find out more about different patent-related careers.
Extra information
If you want to find out more about patents, then take a look at the following:
- UK IPO website- https://www.gov.uk/topic/intellectual-property/patents
- European Patent Office website – https://www.epo.org/
- WIPO (World Intellectual Property Organization) website – https://www.wipo.int/patents/en/
- The Chartered Institute of Patent Attorneys (CIPA) website – https://www.cipa.org.uk/why-should-i-protect-my-ideas/ – which also provides information about being a patent attorney
Last Updated: November 2, 2024