FAQs about Intellectual Property

Intellectual Property FAQs

In order to apply for a patent, does my idea need to be completely new altogether ?

Not necessarily.  Whilst your idea has to unique in the world or a particular geographic location, it does not have to be a completely new invention altogether.  Improvements to existing technology, where unique, are equally entitled to patent protection as new technology is.

What cannot be patented ?

  • Scientific discoveries
  • Mathematical discoveries
  • Literature and art
  • New ways of doing business
  • Computer programmes which are not unique
  • Medical discoveries – ways of doing things
  • Anything that is considered immoral or antisocial

When should searches for a patent be made?

Searches for a patent should be made prior to any costly research and design to ascertain the uniqueness of an idea and the probability that it will be eligible for patent protection and assess whether the idea will infringe any existing patents.  An expert intellectual property solicitor can help you do this.

How are copyrights distinguishable from patents ?

Patent applications generally place an emphasis on the quality and uniqueness of an idea.  Whilst copyrights are also concerned with the uniqueness of something, there is no emphasis on quality.  Any piece of writing, art, recording, computer programme or customer database, for example, can receive copyright protection so long as the ideas contained within are unique, even if they are rubbish!  The other major difference lies in the fact that copyrights do not need to be applied for – they come into existence automatically and last for the life of the author plus an additional 70 years.

How long does a patent last ?

Patents usually last for 20 years.  However, you will have to renew patents periodically and there is a fee for this.

How do I protect inventions abroad ?

Filing for patent protection in the UK does not automatically afford patent protection abroad.  You can either file for patent protection in individual countries or you can make a single application through the Patent Cooperation Treaty (which provides you with 30 months of protection in signatories to the Treaty) or through the European Patent Convention (there are 32 member states to this).