Have you
invented something but aren't sure how to register its patent? Find out about
patent registration and patent services.
It may be your idea but does it have your name on it?
Find out about patent registration services. It's patently obvious!
What You Should Know About Patent
Registration by:
Masni Rizal Mansor
There is one kind of home
business that is very different to any other: that of the inventor. If you've
invented something, the chances are that you don't have the resources to
mass-produce it yourself - you'll be needing to send the plans and designs off
to someone else to make in their factory. When you do this, though, how can you
protect your idea against theft by them, or anyone else who might see it? The
answer is patent registration.
What is a Patent?
A patent is when your government gives you the exclusive right to profit from an
invention for a set number of years. If anyone else tries to sell something that
is covered by your patent, then you will have the legal right to make them
either pay you a licence fee or stop.
Each patent has a patent number - you might have seen 'Pat No' printed on some
things, followed by this number. You may also have seen 'patent pending', which
means that the patent has been applied for but not yet granted.
Your Invention Must Qualify
Not all inventions can be covered by patents. Check that your invention meets
these two requirements:
Is it new and secret? You can't have showed your invention publicly before you
apply for a patent. Whatever you do, don't take your invention round and
demonstrate it to people before you think about patents - you might make it
impossible to get one.
Is it non-obvious? Your invention must not be something that would be obvious to
experience in your chosen industry. This is to stop people rushing to patent
things that anyone could figure out, and then charging high fees for their use.
In addition, you cannot apply for a patent for any of the following: a
scientific or mathematical theory or method, a work of art (books, plays, etc. -
computer programs are included), a way of doing things (eg a new business
method). Many of these things are, instead, covered by copyright. Patents are
intended for actual, physical inventions.
Where Do I Get One?
Wherever you live, the chances are that it has a government agency called a
'patent office', or similar. There are also patent agencies for larger areas,
such as the European Patent Office or, ultimately, the WIPO (World Intellectual
Property Organisation).
To begin with, you should apply for a patent at the patent office for your
country - it's best to get a lawyer to guide you through this, and make them
sign an NDA (non-disclosure agreement, a contract saying they won't tell anyone
else about your invention). Depending on your country, this can either be
absurdly cheap or really expensive.
Once you've done that, you generally have only one year to file for any patents
you might want in the rest of the world. You used to have to apply individually
in every country where you wanted a patent (this got very painful and expensive
very quickly). Now, though, you can now take advantage of the PCT (Patent
Co-operation Treaty), which allows you to apply once and eventually receive
protection in all of the 126 countries that have signed up to the treaty.
You can apply for a PCT patent either through your own country's patent office,
or through the WIPO's office in Geneva. It is again important to stress that you
should really get a lawyer if you plan to go through this process, as
international patent law isn't especially intuitive or easy.
You should note that if your patent application is refused at any stage, you
won't be getting your fees back - although you can usually apply again, if you
want to pay again.
What if I Don't Get a Patent?
If you've looked at the prices, you might be wondering: what's the worst thing
that could possibly happen to me if I didn't get a patent? The only answer I can
give is that anyone you happen to explain the idea to can steal it, and you
won't be able to do a thing. What's more, once your invention does come on the
market, success will attract many imitators, and they'll probably be able to
produce your invention cheaper by sacrificing quality.
Essentially, a patent gives you protection against competition - but if you
think you could do perfectly well in the market no matter how many imitators you
had, then maybe patents aren't for you.
About the Author
Masni Rizal Mansor provide tips and review on how to
buy franking
machine in UK.
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