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Design notes: UK Patent application
process (simplified) Obtaining a patent is not a simple process, partly because the duration between making the application and granting of a patent can span four years or more. However, it is actually relatively cheap to apply for a patent initially. The earlier this is done the better, because protection may be claimed from the date of application, so long as the patent application is followed through to grant and publication. Things get more expensive when examinations of claims are due after about a year from first filing (the Priority Date), and more expensive again when protection is sought worldwide through the Patent Cooperation Treaty (PCT). By this time, it is possible that you will have raised sufficient funds to carry through to the end, finalized any changes and completed due diligence exercises to ensure your application has the best chance possible of being granted. Alternatively, your application may be withdrawn at any time and if requested early enough, the details of your invention will not be released into the public domain. The primary reference for all patent work should be the UK Patent Office (http://www.patent.gov.uk/) and patents should be submitted through a qualified Patent Agent in any case. The process is aided though by submitting the best quality information to the patent agent in the form of design notes, reports, test results. This is referred to as the Specification, which can be drafted by yourself, or any other trusted source. Note that the keyword here is ‘trusted’, of which there is more explanation later. Members of Bath Labs have generated numerous inventions and filed patent applications in UK and worldwide, largely through other companies (to which the patent ownership is assigned), but also individually. As a research and design company we may be able to assist in obtaining critical results and measurements for you or rapidly proving the benefits of your prototype design – results of which should feed in to your specification, and which may be needed as proof that you have carried out sufficient background work. The best form of early protection for your idea is to not tell anyone. Ideas may be discussed with third parties, but you should ensure that they sign a legally binding document called a Non Disclosure Agreement (NDA) or Memorandum of Non Disclosure (MND) before discussing sensitive details. These are two or-three page documents whereby the parties agree not to divulge information that is given in confidence. Potential investors may even require that close associates, friends and even family sign such documents. It is often embarrassing to ask such close friends for their agreement. You should not feel bad about this. If your idea is to be seriously backed by a potential investor they will need to see that such rigorous precautions have been taken and it will be one of their requirements before funding is even entertained. Bath Labs are happy to send you a mutually binding NDA if you wish to enter into further discussion on your idea. In the meantime here is a diagrammatical overview of the UK patent application process to give some idea of the stages and timelines involved. Pictorial guide: UK_patent.pdf Tel: Bath +44 (0) 1225 329529 Email: john.bishop@bathlabs.com |
