When Should You Get a Patent

If you have a unique invention or innovation with potential commercial value, you should consider getting a patent. A patent grants the inventor exclusive rights to their design for a specified amount of time, usually 20 years from the filing date.

But when is the best time to do so? Discover when you should get a patent and how D2M makes the process seamless.

When to File a First Patent Application

Filing a patent application too early can result in a weak or incomplete patent that may not provide adequate protection. Filing too late may result in losing patent rights or legal disputes with competitors. Consider these key points when deciding when to file a first patent application in the UK:

The Invention – The invention should be fully developed and capable of being described in detail in the patent application. As such initial working prototypes are often a necessary pre-requisite. D2M’s expert team can help with this. Additionally, the invention should be novel and inventive, meaning it cannot be an obvious improvement to an existing design.

The UK Intellectual Property Office (IPO) requires a detailed and specific description of the invention, including any drawings or diagrams that may be necessary to explain the design thoroughly.

Prior Art – Prior art refers to existing patents, publications or other public disclosures that may affect the patentability of your invention. Conduct a thorough search to identify any relevant prior art and determine the patentability of your invention.

Commercialization Plan – A patent can help protect your invention and provide a competitive advantage in the marketplace. Consider the potential commercial value of your design and whether it is worth the investment in time and money to obtain a patent.

Time Constraints – In the UK, filing a patent application is important before publicly disclosing your invention. Once a design is publicly disclosed, the novelty of the invention may be compromised, and the patent may not be granted. The IPO offers a grace period of six months from the date of disclosure, but it’s best to file a patent application before any public disclosure.

Budget – Filing a patent application can be expensive, and it’s important to consider whether it fits within your budget. The costs of filing a patent application can vary depending on the complexity of the invention and the scope of the patent protection sought. Consider working with an experienced patent service provider like D2M to prepare your innovation, confirm that different potential solutions have been investigated and then work with a Chartered Attorney to file your patent application.

How D2M Can Help

You have likely poured your heart and soul into your invention. However, without proper protection, all your hard work could be easily stolen or replicated. That’s where D2M comes in – we provide design services working alongside Chartered Patent attorneys to help protect your invention and ensure that it remains exclusively yours.

Our experienced team can guide you through the complex and sometimes daunting process of developing a product and filing a patent application. With our help, you can rest assured that your invention is fully protected and your patent application has the best chance of being granted.

Join Our Roster of Successful Innovators

Protect your invention and join our roster of successful innovators. Our experienced team and partners can guide you through the patent process and provide ongoing support to maximise the value of your intellectual property. Contact us now to schedule your patent consultation and make your vision a reality.

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