Patenting Your Idea

Stage 1: Patent Search

A global patent search is a sensible initial step before drafting and filing a patent application.

Some businesses will only do a UK patent search, but this doesn’t go far enough. Changing international regulations require you to fulfill your due diligence. If your search isn’t extensive enough, you could be liable for thousands, if not millions, of pounds. For this reason, it’s best to have a professional company do this for you. A quick Google search will not be thorough enough to protect you.

A simple Google search won’t help you either. Most people don’t realize just how many products already have patent protection, many of which aren’t even on the market yet. There are some companies that patent ideas before the technological ability to create them exists!

A patent search will help you save money. First, not everything needs a patent. There are other options that might work better for you or your business. We can look at your individual situation and advise you as to which option best suits your needs. Second, some patents don’t have enough of a financial benefit to justify the expense and time needed for the process. Most patents aren’t for completely new products, but alterations to existing designs. A patent search will help make sure that this hasn’t already been patented, but it will also help you determine if a patent gives you adequate protection in markets that you plan on doing business in.

Stage 2: Developing the Concept

In most cases, the next step is to develop the unique features of your idea. Patents do not protect the overall concept. Most patents protect the method by which the concept carries out the overall idea.

For example. it would not be possible to protect a hedge trimmer (even if not invented previously), but you may well be able to protect the machine with a motor, drive train and specific blade arrangement for cutting hedges.

When developing your concept, you need to focus on the details. Make sure you give a clear explanation of every aspect of your design. What are the parts, how do they interact with each other, and what is the purpose of the machine or device. Often, the devil is in the details. Many UK patents have been denied because they didn’t properly explain everything. A specific patent is also easier to defend against someone that could either make a claim against it or attempt to infringe upon your patent.

The results of the patent search may also have revealed that development is necessary to alter or expand your idea so that it does not infringe on an existing patent. Design2Market has experience in creating innovative, patentable solutions to design problems. We’re able to help you during the concept phase to protect your intellectual property and point out potential pitfalls before they affect you.

Stage 3: Patent Draft

Now that the idea is further developed and you have ensured that it is indeed unique, you can proceed with the drafting of your patent application and then filing it with the UK IPO (formerly known as the UK Patent Office).

Drafting a patent application is best completed by a patent attorney. The attorney will help make sure that there are no delays in the process. One small mistake can cause you to have to start the process over again. There’s no need to risk doing it on your own.

It is often sensible to have a patent search report completed first to ensure your patent application’s wording avoids infringing existing patents. This will make the process simpler further down the line.

Design2Market works with expert Chartered Patent Attorneys and can support you through this process.

Why Is It Essential to do a Patent Search And Detailed Draft When You Patent An Idea? Consider the case of Adam Carolla vs. Personal Audio LLC. Personal Audio LLC is an American based company that buys up patents to apply retroactively on businesses that may not know they exist. In this case, Adam Carolla, the number one podcaster in the world, was sued by the company because they had ownership of a patent that dated back to 1996 regarding the dissemination of information through audio devices.

If this sounds vague, it’s because the vagueness is a strategy used by companies around the world. These companies will either buy up patents or create them for technology that could exist. They then apply them retroactively on others in vague ways by placing their business in areas of the world (such as East Texas, United States) where they have an improved chance to win cases.

These businesses don’t want to go to court, but they do want to find companies that didn’t do their due diligence. They’ll use their patent to go after companies and hope that they write a cheque to make the problem go away. Instead, Carolla decided to fight using his vast audience and the case ended up getting dropped.

These same tactics occur all over the world. A global and UK patent search will help protect you from these methods of financial extraction. If you do your due diligence and are specific when developing your concept, you’ll protect yourself against these types of actions.

Stage 4: Patent Filing

UK Patent filing is done by the UK Intellectual Property Office by post or online. This is often best completed by your Chartered Patent Attorney to make sure it’s done correctly. Once this UK patent is filed a 12-month ‘grace’ period starts. You have 12 months to decide to expand the application out to cover other countries. This is the most cost-effective way to achieve international patent protection but is only available for this limited time.