PATENTS FOR INVENTIONS

A patent may be obtained for an invention which is new, is not obvious and which has industrial applicability. Certain types of inventions are explicitly excluded from patentability.

An invention is not patentable if it is:
• a discovery;
• a scientific theory or mathematical method;
• an aesthetic creation such as a literary, dramatic or artistic work;
• a scheme or method for performing a mental act, playing a game or doing business;
• the presentation of information, or a computer program.

If patent protection is required, an invention must not be disclosed to the public before a patent application has been filed. Once an application has been lodged in the Patents Office, the features of the invention, so far as described in the patent specification, may then be disclosed.

The usual first step in the process of obtaining patent protection is to file an application for a patent at the UK Patents Office. This provides a limited measure of protection for the invention and enables the commercial possibilities of the invention to be investigated, without invalidating a subsequent patent granted for that invention in the UK or abroad.

A UK patent application is effective only in the United Kingdom, but if applications in other countries are filed within a period of one year from the date of filing of the UK application, then the original UK application date can be claimed as a "priority" date under an International Convention to which most developed countries adhere. This “international patent application" is available under the Patent Cooperation Treaty and results in a set of national patents. There is also a European patent covering most European countries available under the European Patent Convention.

Filing an application including a technical description of the invention, accompanied where appropriate by drawings, establishes a priority date and represents the cheapest way to begin the patenting process. However, in itself, this application is insufficient to achieve the grant of a patent, as it lacks so-called patent "claims". The claims are the legal language which define the scope of the monopoly being sought for the invention. Claims need not be filed until twelve months from the original filing date, and it is possible to exclude claims at the basic priority stage in order to defer expense. At any time within the twelve month period, the applicant has the option of completing the basic priority application by filing claims, or of filing a new application claiming the priority date of the initial application.

The UK Patents Office does not give financial assistance to inventors. However, help may be available from: http://www.investni.com