Normally, the best way to protect something that is functionally new is to apply for a patent.
In the UK you are free to write and submit a patent (fees apply) but if funds allow, it is usually
advisable to employ a chartered patent attorney / agent.
"when I believe in something I fight like hell for it"
Steve Mcqueen - Inventor of the racing car Bucket seatYou can prepare the application and submit it yourself at minimal cost but we believe that this is a false economy because a patent specification is a legal document. If it is challenged later it needs to be written in a way that will be defendable.
Patent Co-operation Treaty (PCT)
Very briefly, this treaty means that any patent application made in one country is recognized in almost all other countries.
Once you have made the patent application you have up to one year of ‘grace’. That is, you don’t have to do anything further for up to one year. However, after this, you must decide what you want to do.
One year after applying
There are three main options (for UK residents):
In our view, you should not apply for a patent until you have made and tested something.
This allows you to incorporate any developments into the patent application.
We also believe that you should not proceed with international patenting unless a commercial arrangement is very well set up (such as clear written interest from potential buyers).
It is also advisable to postpone the application until as late as possible in order to allow yourself time to turn the concept into a potential commercial venture. That is, the one year allowed (from filing the application to when you need to move the application to the next stage) will go surprisingly fast and other tasks can take much longer than initially anticipated. This can put pressure on you to make decisions about say international patenting before you are really ready from a commercial standpoint.
Patent timescale
It usually takes at least a couple of years to get a granted patent.
The patent ‘monopoly’ lasts 20 years.
Rapid Patent Service
The Inventions Factory work in partnership with professional patent attorneys to ensure you obtain the required protection. Agile IP are a team of like-minded professionals with many years experience in a range of technical and legal sectors. They provide a top-tier service whilst being mindful of the need to be flexible and cost effective.
Applying for a patent can be a lengthy process but Agile IP offer a rapid service at a competitive rate. For just £250 +VAT Agile will prepare and submit a rapid patent on your behalf allowing a window of 12 months to complete a more comprehensive patent application.
If in those 12 months you come to the conclusion that you don't want to invest that kind of money then there is no obligation to do so: you can just let the application lapse and then come back to it at a later stage (Please discuss these details with your preferred patent agent before making a decision.)
Thanks so much for this extremely comprehensive report! Because there are some very similar items here, I’m going to look into how readily available they are before I decide what to do. Many thanks – an excellent service well worth the money!
Mrs Clare Moss