Patents
A patent is a legal monopoly right to the commercial use of an invention for a period of up to 20 years. It prevents other people from exploiting the invention without consent. However, it is the responsibility of the patent holder to look after his rights. A patent is not a guarantee of commercial value.
Applying for a patent can be complex and expensive. It is necessary to satisfy the patent registrar that the qualities of the invention make it capable of patenting and that it will not infringe a previously granted patent. This can be a technical and time-consuming process. In addition, inventors who want worldwide protection for their invention may need to make patent applications in many different countries.
The invention must fulfil certain criteria in order to be granted a patent.
It must be new
An invention must not have been made public anywhere in the world prior to the patent filing date (or priority date). Publication may include journals, books, the Internet, meetings, posters, oral presentations and conversation. Any publication of enabling information, i.e. information that would allow someone else to reproduce the work, will prevent a patent grant. An invention can be completely new or it can be a non-obvious improvement to an existing invention.
It must be inventive or involve an inventive step
An invention must not be obvious, compared to what is already known, to someone who is experienced in the relevant field.
It must be capable of industrial application
An invention must be of practical use, capable of being made or used in industry (in its broader commercial sense). It can include apparatus, devices, products, processes or methods of operation.
Exclusions
An invention can not be patented if it is of artistic or intellectual value only. Exclusions include discoveries, scientific theories, mathematical algorithms and methods of surgery, therapy (except US) and diagnosis (except US).
Patenting genetic information is a grey area, it may be dependent on its usefulness and on the country in which a patent is sought. Up to date expert advice should be obtained. Computer software may be patentable if it facilitates a novel process. Otherwise it can be protected by copyright.
Publication
A patent application will not be accepted if there has been any prior disclosure of information (prior art). When urgent publication is sought, it is possible to make a patent application relatively quickly and then publish. However, it is important to be aware of the potential problems this may cause if further development of the invention is to go on.
When an application is made the filing date becomes the priority date. No new information improving the invention can be added to the application, but any time within the first 12 months of filing, a new application can be filed claiming the priority date from the original application to cover the original information. If in the intervening period the data in the original patent filing has been published this may lead to the new information being disallowed on the basis that it is not new and non-obvious based on the prior art in the publication. In this instance the original patent application may be granted but not the new updated application.
It is also possible to abandon a patent application before it is published, if for instance more time is required to prepare improved data, and to reapply with a new filing and priority date after the 12 month period. If the original work has been published before the second filing date, the application will fail due to prior disclosure.