PATENT ADVICE | HOW TO PATENT AN IDEA
Patenting an idea is a complicated process but it is very important to the future success of your idea. If a patent can be obtained it is generally the best way to protect your idea, but other forms of Intellectual Property protection can help too. Here are the steps involved in patenting an idea:
Step 1: Patent Searching your Idea
Completing a worldwide patent search is a sensible first step before drafting and filing a patent application. This is because you will not be able to patent your idea if it has been patented already and just because an idea is not on the market does not ensure it has not been protected in this way.
...more about patent searches
Reasons to commission a search
- A professional patent search can save you a lot of time and money if a similar patent is found and therefore you cannot obtain a patent on your idea.
- Finding all similar patents will strengthen your patent application.
- The results may reveal areas of your idea that require further development as they are too similar to an existing patents.
- Potential investors or licensors will expect a professional patent search to have been completed.
D2M offers patent searching and we guarantee that our search is:
- Carried out using a combination of commercial patent databases
- Completed by trained patent and design analysts (including former UK IPO Examiners)
- Provided complete with written conclusions by a Chartered Patent Attorney
Step 2: Developing your idea
It is important to define, and in most cases develop, the novel aspects of your idea. It is not usually possible to protect the overall concept but instead most patents protect the method by which the idea carries out the overall concept. i.e. you might not be able to protect a grass cutting machine, but you may well be able to protect a machine with a engine, drive train and rotating blade for cutting grass. The results of the patent search may also demonstrate that further development is required to ensure your idea does not infringe an existing patent. D2M are experienced in creating innovative, patentable solutions to design problems. Our team of engineers and product designers can develop and prototype your idea, if required.
Step 3: Drafting your Patent Application
Now that you have defined and developed your idea, and have ensured that it is indeed unique, you have proceed with drafting your patent application and then filing it with the UK IPO (formerly the UK Patent Office). Drafting your patent application can be carried out by a patent attorney or you can choose to draft the application yourself. It helps to have a patent search report detailing existing patents to ensure your patent application is worded to avoid infringing existing patents.
We generally recommend that unless the idea is very straightforward, and you have a legal background, that the application is best drafted by a chartered patent attorney. D2M can do this for you at a very reasonable cost.
Step 4: Filing your patent application
Patent filing is done at the UK Intellectual Property Office. This is often best completed by your Chartered Patent Attorney who will ensure that this has been completed correctly on your behalf. It is possible to self file your application online or send it to the UK Intellectual Property Office, but you should only do this if you are confident that no mistakes will be made.
Other ways of protecting your Intellectual Property
Registered Design
A registered design can protect the overall appearance of your invention. It is solely about the form and materials and does not cover how the product works. Design Registration is a relatively cheap, quick and easy process compared to patenting and you can get a Registered Community Design that protects your idea across Europe for under £300.
Trademarks
Trademarks are symbols that distinguish goods and services in the market place like logos and brand names. If your product has a certain name or logo that you want associated with it, it's worth getting a trademark so that no one else can take the name and logo.
Copyright
Copyright is an automatic right, which applies when the work is fxed – in other words, when it is created or written down. It covers the printed documents, text, journalistic and literary works, images, music and video recordings. It has limited applicability to products but offers some protection of your work.
In house Chartered Patent & Trademark Attorneys ensures D2M can offer expert advice on patents and other forms of IP protection. Further information on how to patent an idea can be found in our Free Patenting Guide. Alternatively we are offer Free Patenting Consultation to discuss the best way to protect your idea.
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