What is a patent
The idea of a patent is to give an inventor the right for a time to stop other companies, or persons trying to make, use or sell an invention, without the expressed permission of the creator/ inventor.
A patent is granted by the Government to the inventor, and the invention becomes the property of the inventor.
The inventor then has an asset which could be bought, sold or leased. Patents are issued within the country of origin, a patent registered in the UK gives the inventor territorial right within the UK only, and also stops others from importing their potential product into the country.
Why have Patent Insurance?
One thing for sure is that once you decide to patent your invention you need to consider how best to protect your idea and Intellectual Property Insurance will do exactly that. The type of cover you will obtain from Intellectual Property Insurance is as follows:
- Legal expenses to defend your rights
- Legal expenses to enforce your rights
- Legal expenses to defend your agreements
- Damages awarded if your defence is unsuccessful
- Expert witness, enquiry and attendance expenses
- Intended to apply to UK registered companies, firms or individuals within UK law
- Claims against non-UK companies etc should be allowable if under UK law
- Cover for non-UK companies etc may be available
- Cover for Customs and Excise fees to monitor imports for surveillance of counterfeit goods
What type of thing can be patented?
When obtaining a patent this would generally be to protect an invention of a product or process that has:
- A technical concept
- A special new function
The criteria for obtaining a patent
The patentable invention must be a new concept. The idea / invention must never have been known or existed in anyway anywhere in the world, and your patent should have been filed having taken this into account.
It would be an invention that should take the form of some kind of apparatus or equipment, new type of material or substance, it may also be a method of operation.
The type of things that may not be considered for patenting, would be:
- A mathematical methodology or scientific theory
- A computer program
- A theory / discovery
Clearly when considering obtaining a patent you need to seek expert legal advice so you can be guided in these sometimes complex definitions of what can and what can not be patentable.