The Bible of Inventors like myself in UK
Posted: Fri Aug 26, 2011 5:50 am1- Develop a good ethical values. When you sign None Disclosure Confidentiality agreement, stick to it, don't mention names. But first do a very good homework, especially before parting with your money.
2- First do all the patent application for your idea by yourself. To learn to do that get details of 'how to apply for a patent from Intellectual Property Patent Office, IPO, at www.ipo.gov.uk.
3- Familiarise yourself with all nuts and bolts of patent applications, especially how to write 'CLAIMS'. 'CLAIMS' are used to distinguish your new idea from previously known ideas, prior arts. You get a patent for what you 'CLAIM' only
4- You have to pay IPO for patent search. That is a legal requirement. So use that for a maximum benefit, for a full search. It is only £120.00 online + another £20.00 online for application
5- To use IPO for full search, use 'CLAIMS' for the full specification of your idea or claim every bits, pieces, nut and bolts of your idea. Don't worry at this stage if some of your claims are not new. You can rewrite the claims later.
6-A- IPO searches in line to what you have claimed, they don't search according to the specifications and drawings. They should find and send you details of any applications, claims, similar to yours. Ideally they should do that 100% but we live in a practical world.
6-B-Before CLAIMS by Patent Office, now Intellectual Property Office, described as meaningful full sentences to distinguish a piece of land beside exactly another piece of similar land. If this is still valid one could claim skillfully a prior art for a new use.
7- When you receive details of the search, change and rewrite your claims accordingly. You can change everything except technical details and drawings. This is a very critical stage. Try to use a patent attorney to do that if you can afford it.
8- European or world patent cooperation treaty bodies are very expensive. To patent abroad use UK IPO, which may not cost anything. First apply in UK and use the date of UK application as the priority date when you apply in any other country. Alternatively apply straight to the patent office of the country, where you want your patent be marketed.
9- Whatever, a patent attorney provides you, should become your property. So if you used one to get a patent in UK and you want to take your patent to USA, you may not need to use a patent attorney again, just use what the patent attorney gave you in UK. If you want take the patent to a None-English Speaking country, use a firm specialised to translate legal documents to translate, what your UK patent attorney gave you, to the language of that country.
10- Try to make a prototype after you applied for a patent and check if it is satisfactory. Try to make the prototype by yourself or use the service of a local small workshop. At this stage CAD or programs to control machines may be too expensive and unnecessary. For my 'A Better Cookware Concept' I have been offered CAD or programs controlling machines, costing from £2500.00 to £30k when all I needed and asked was a prototype model for my own tests.
11- If it is satisfactory, evaluate the competition, production cost and retail price. After that act accordingly, like contacting investors, super markets, manufacturers......etc.
12- UK patent grant only protects you in UK. Others can make and sell the same thing in other countries but they can’t make patent applications.
13- You can use the date of UK patent application as a priority date to apply in other countries within one year from the date of the application.
14- You can apply for a patent in any other countries as long as details of your concept is still confidential. Once the details published or you disclose it, you can not apply for a patent after that.
15- IPO publishes completed applications after 18 months. You can ask IPO not to do so with your completed application.
16- Total cost of a UK patent is £20.00 application fee + £120.00 Search Fee + £80.00 extensive search fee = £220.00 online. That is a peanut.
17- Apart from this £220.00, it doesn’t cost anything more for four years from the date of application. If you couldn’t make something out of it within these four years, you would be better to forget it, don’t renew it.
18- As the last resort, how about following this strategy:
A- Concentrate on UK, forget other countries.
B- To get UK patent to guarantee your monopoly on UK market, try to finish the application as soon as possible to get more time within the four year limit.
C- After getting the patent, disclose full technical details to encourage other people, lets call them counterfeiters, to make it and market it in other countries.
D- The counterfeiters can make it and sell it in other countries but can not patent it. If the product proved commercially viable thousands of new counterfeiters come to the market. This creates a cut throat completion. Most of them get banckrupted and the remainder are going to have a hard time.
E- None of them can make it in or imported to UK without your agreement and each one of them will want to be the first to offer you a best deal to get UK market without competition.
F- On the other hand you can use the success of counterfeiters abroad to get backing to make it for UK market and exported to compete with counterfeiters abroad.
2- First do all the patent application for your idea by yourself. To learn to do that get details of 'how to apply for a patent from Intellectual Property Patent Office, IPO, at www.ipo.gov.uk.
3- Familiarise yourself with all nuts and bolts of patent applications, especially how to write 'CLAIMS'. 'CLAIMS' are used to distinguish your new idea from previously known ideas, prior arts. You get a patent for what you 'CLAIM' only
4- You have to pay IPO for patent search. That is a legal requirement. So use that for a maximum benefit, for a full search. It is only £120.00 online + another £20.00 online for application
5- To use IPO for full search, use 'CLAIMS' for the full specification of your idea or claim every bits, pieces, nut and bolts of your idea. Don't worry at this stage if some of your claims are not new. You can rewrite the claims later.
6-A- IPO searches in line to what you have claimed, they don't search according to the specifications and drawings. They should find and send you details of any applications, claims, similar to yours. Ideally they should do that 100% but we live in a practical world.
6-B-Before CLAIMS by Patent Office, now Intellectual Property Office, described as meaningful full sentences to distinguish a piece of land beside exactly another piece of similar land. If this is still valid one could claim skillfully a prior art for a new use.
7- When you receive details of the search, change and rewrite your claims accordingly. You can change everything except technical details and drawings. This is a very critical stage. Try to use a patent attorney to do that if you can afford it.
8- European or world patent cooperation treaty bodies are very expensive. To patent abroad use UK IPO, which may not cost anything. First apply in UK and use the date of UK application as the priority date when you apply in any other country. Alternatively apply straight to the patent office of the country, where you want your patent be marketed.
9- Whatever, a patent attorney provides you, should become your property. So if you used one to get a patent in UK and you want to take your patent to USA, you may not need to use a patent attorney again, just use what the patent attorney gave you in UK. If you want take the patent to a None-English Speaking country, use a firm specialised to translate legal documents to translate, what your UK patent attorney gave you, to the language of that country.
10- Try to make a prototype after you applied for a patent and check if it is satisfactory. Try to make the prototype by yourself or use the service of a local small workshop. At this stage CAD or programs to control machines may be too expensive and unnecessary. For my 'A Better Cookware Concept' I have been offered CAD or programs controlling machines, costing from £2500.00 to £30k when all I needed and asked was a prototype model for my own tests.
11- If it is satisfactory, evaluate the competition, production cost and retail price. After that act accordingly, like contacting investors, super markets, manufacturers......etc.
12- UK patent grant only protects you in UK. Others can make and sell the same thing in other countries but they can’t make patent applications.
13- You can use the date of UK patent application as a priority date to apply in other countries within one year from the date of the application.
14- You can apply for a patent in any other countries as long as details of your concept is still confidential. Once the details published or you disclose it, you can not apply for a patent after that.
15- IPO publishes completed applications after 18 months. You can ask IPO not to do so with your completed application.
16- Total cost of a UK patent is £20.00 application fee + £120.00 Search Fee + £80.00 extensive search fee = £220.00 online. That is a peanut.
17- Apart from this £220.00, it doesn’t cost anything more for four years from the date of application. If you couldn’t make something out of it within these four years, you would be better to forget it, don’t renew it.
18- As the last resort, how about following this strategy:
A- Concentrate on UK, forget other countries.
B- To get UK patent to guarantee your monopoly on UK market, try to finish the application as soon as possible to get more time within the four year limit.
C- After getting the patent, disclose full technical details to encourage other people, lets call them counterfeiters, to make it and market it in other countries.
D- The counterfeiters can make it and sell it in other countries but can not patent it. If the product proved commercially viable thousands of new counterfeiters come to the market. This creates a cut throat completion. Most of them get banckrupted and the remainder are going to have a hard time.
E- None of them can make it in or imported to UK without your agreement and each one of them will want to be the first to offer you a best deal to get UK market without competition.
F- On the other hand you can use the success of counterfeiters abroad to get backing to make it for UK market and exported to compete with counterfeiters abroad.