Patents

[siddha 825]

My brother is needing some advice on something he has made that he would like to patent.

Anyone on here knowledgeable about patents and patenting?

[philmayfield 6,129]

I have been involved with patents for much of my business life. He needs to seek an interview with a patent agent to discuss the matter to see if he has a unique patentable product. There are no easy diy methods and the patent application has to be drafted and illustrated in a specific way. The agent will check to see if there are similar registered products. We used Potter and Clarkson. They were originally based in Nottingham but now have a number of offices. If you look at their website you will get some some guidance. It won’t be cheap but there’s no short cut to registering a patent. It should be noted there is no fast track route and it can take up to five years before a patent is granted.

 

[siddha 825]

Many thanks for this. Far more than we knew.

It seems a little daunting which is a shame when someone has a good idea!

[philmayfield 6,129]

You could probably get away with around £5,000 to register a patent but many searches have to be made to establish the ‘uniqueness’ of the idea. If the patent is potentially cash producing there will be others trying to copy it or make variations. These have to be challenged in court to defend the patent. I don’t want to deter you. Many people have become very rich on the basis of their ‘original’ ideas. Have a word with a patent agent, I’m sure an initial consultation won’t cost very much. It may be free.

Edit: Now that your brother's come up with an idea he should keep absolutely quiet about it and not discuss it with anyone other than a patent agent who will have a code of confidentiality. Once someone hears about it and also thinks it's a good idea he may be pipped to the post before his patent application is filed.

[Oztalgian 3,285]

7 hours ago, philmayfield said:

Now that your brother's come up with an idea he should keep absolutely quiet about it and not discuss it with anyone other than a patent agent

This part of the process is very important as talking to others about your idea or invention could result in the patent being invalid and if you do talk to anyone have a non disclosure agreement in place before you talk to them. The patent agent will conduct a patent search to see if there is anything similar in the world that may disqualify your idea. Just because you have not seen one in the marketplace or on the internet does not mean there is not a patent in existence.

Sometimes a registered design or trade mark could be better or being a fast first with a rapid product development strategy can be as good as a patent. Many innovators have gone fully down the patent path and had their ideas pinched and cannot afford the legal costs to pursue restitution.

As Phil said seek advice from a professional. It could save you thousands of pounds and hours of effort.

[Gary Baldy 17]

As Philmayfield and Oztalgian rightly say, best advice is to consult a patent agent.  Being employed by one, I can confirm that it is hellishly expensive, and a long drawn-out procedure.

[philmayfield 6,129]

........but if you’ve got a novel idea you could make millions. The initial problem is to ascertain the ‘novelty’ and only a patent agent has the wherewithal to do the legwork. It’s much easier than it used to be though as all patent information is computerised and the algorithms will do the sifting. Have a chat and get some idea of what you can afford to loose upfront.