Intellectual Property

3. Obtaining Patent Protection

3.1 Most businesses use a patent attorney. A patent is a complex legal document.

A patent attorney can help draft the specification and process the application.

• The Chartered Institute of Patent Attorneys (020 7405 9450) runs free clinics and provides lists of attorneys.
• Many attorneys will offer a free consultation.
• Typical costs start at around £800 for preparing the initial application (see 3.2) and from £3,000 to complete the full UK patent application process.
• The more preparation you provide (eg description, drawings, information on existing products), the lower the cost.

3.2 Before starting to exploit the invention, you must 'file' (submit) an initial application.

• The initial application is free and contains a request for a patent, a description of the invention and your name and address. Download the Intellectual Property Office's 'Patents Application Guide' from www.ipo.gov.uk/p-apply.pdf.
• At this stage, only the title of your application is made public (not the details).
• Within 12 months, you must also send the Intellectual Property Office details of the technical 'claims' which define the invention you are seeking to protect. You can use this time to research the viability of your invention, or to modify it.
• If you are unsure whether it will be worth getting a patent, you can file the initial application yourself. A patent attorney can usually 'rescue' the application later, if you want to proceed. But if your initial application is badly drafted, it may limit the scope of the patent you can obtain, or you may not be able to get a patent at all.Though the formal process of getting a patent can take up to four years, you do have a monopoly right from the day your application is filed.

3.3 At any time during the 12 months from the filing date, you can pay an application fee (£30) and for a preliminary search (£100).

These fees are reduced by £10 for e-filed applications.

• The Intellectual Property Office Examiner will check your application and will also produce a 'search report', listing documents that have a bearing on whether your invention is new.

3.4 Within six months of publication, you pay £70 for a full examination of the application (£60 for e-filed applications).

• If there are problems, you can amend it.

3.5 The full process of obtaining a patent usually takes three to four years, but can be accelerated if necessary.

• Once a patent is granted you can maintain it for up to 20 years from the filing date.
• Five years after filing, you start to pay annual renewal fees. These are currently set at £50 for year five, gradually increasing to £400 for year 20.

3.6 Your patent can still be challenged in court.

• The patent can be amended or revoked if it is shown that the idea was obvious or not new when the original application was filed.

3.7 By applying in writing to the Intellectual Property Office you can obtain an opinion regarding the validity or infringement of your own patent or another person's patent, without having to disclose why.

This new procedure costs £200 and takes around three months. The opinion is not binding but may limit the need to go to court by helping to settle issues in dispute.

3.8 Your UK patent only protects your invention in the UK. You are protected from imports but have no protection when you export.

• Ask your patent attorney about European and other foreign patents (at extra cost) if you need protection in other countries.