Does your invention qualify for Patent protection?

A Patent provides valuable protection but the Intellectual Property Office has strict rules about what can and cannot be granted a Patent.

Answering the following questions will give you a good initial idea as to whether or not your invention will qualify:-

Is your invention functional?

To obtain a Patent, your invention must relate to how something works, what it does, what it is made of or how it is made.

Is your invention new?

You must not have made the invention public in any way anywhere in the world, before applying for a Patent (conversations with our IP Lawyers are confidential and not classed as public disclosure).

Is there an inventive step?

You cannot obtain a Patent for something that is obvious to someone with a good knowledge of the subject.

Does your invention have an industrial use?

Your invention must be something that can be made or used in an industrial setting. This could be anything from an electronic or mechanical component to a consumer or commercial product.

Some things that cannot qualify for a Patent…

  • A scientific or mathematical discovery, theory or method;

  • A literary, dramatic, musical or artistic work;

  • A way of thinking, playing a game or doing business;

  • Ways of presenting information and some computer programs;

  • An animal or plant variety;

  • A method of medical treatment or diagnosis;

  • Anything immoral or contrary to public policy.

Trade mark registrations, oppositions and renewals

  • advice on registering your company name or logo strengthening your brand
  • transfers of title
  • infringement and passing-off procedures
  • revocation actions and challenges to validity

Patents and protection of inventions

  • advice on registering your invention and protecting your know-how

Copyright and designs

  • advice in relation to the protection and licensing of copyright and designs
  • registration of design rights

Commercial agreements that will release the value of your IP

  • advising developers, licensors and licensees
  • joint ventures
  • research and development
  • data sharing

Confidence and trade secrets

  • drafting of non-disclosure agreements
  • taking injunctive action

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Solo artist requiring legal advice in respect of her newly recorded album and forthcoming tour

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