ABLETT & STEBBING - PATENT AND TRADE MARK ATTORNEYS
ABOUT PATENTS
Patents are intellectual property rights that protect inventions of a technical nature. Thus, a patent may, in principle, be granted for a technical creation which provides a technological advance, in contrast to, for example, a purely aesthetic creation such as a painting or musical work.
In order to obtain a patent for an invention in practice, the invention must be new and inventive over any matter known before the filing date of the application (known as the "state of the art"). In the UK, Europe, and many other countries, in order for an invention to be regarded as new it must not have been disclosed to anyone anywhere in the world before the date of filing the application for a patent. Accordingly, a non-confidential disclosure of an invention prior to filing a patent application may render the invention unpatentable, even if the inventor, or other owner of the invention, made the disclosure.
A patent affords its owner the right to prevent third parties commercially exploiting the invention, and can potentially last for 20 years from the filing date of the application for the patent, subject to payment of annual renewal fees.
A typical patent application is a lengthy and complex legal document, which must meet certain legal criteria if a patent is to be granted. Accordingly, a patent application must be drafted with the appropriate skill and knowledge if a patent is to be granted, and the invention is to be fully protected. Prosecution of a patent application is a complex and lengthy legal process, typically taking 4 to 5 years. For these reasons, the UK Patent Office recommends that inventors considering seeking patent protection for their inventions seek advice from a qualified Patent Attorney. Links: Patents Technology teams
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