What is a patent?
In legal terms, a patent is a monopoly granted by the State for the protection of an invention. It gives the patent owner (the patentee) the right to stop others exploiting the invention for a limited period, which in most countries is 20 years.

What inventions can be patented?
A patentable invention can be a new product, a new process, a new apparatus for performing a process or, in certain circumstances, a new use of a known product. However, not all new ideas can be protected by a patent and advice should be sought. Novelty and an inventive step are the basic requirements for patentability. Therefore, a valid patent cannot be obtained for a known product or technique or for an obvious modification. A patent application must be filed before an invention is made available to the public, in any way, anywhere; this includes disclosure by the inventor. Publicising the invention before filing a patent application will have a serious impact on the scope of protection available.

How is a UK patent obtained?
A patent is obtained by filing an application at the UK Intellectual Property Office. The application requires a specification, which is a detailed description of the invention with drawings (if appropriate) sufficient to enable the invention to be put into practice. The application also contains one or more 'claims' which define the exclusive rights sought by the applicant. After an application is filed and the relevant fees paid, the Intellectual Property Office makes a search for existing documents (referred to as prior art) which may be relevant to novelty and inventive step. There is normally some correspondence between the Intellectual Property Office and the applicant (or his patent attorney), until agreement is reached regarding the form of the specification and in particular the claims to be granted.

The time taken to obtain a granted UK patent can vary from about one to four years. However, from the date of filing an application, the applicant can publicise the invention or seek financial backing without affecting his application. Patent applications are published and some provisional rights may be available from the date of publication. Nevertheless, it should be noted that the exclusive rights afforded by a patent cannot usually be enforced until the patent has been granted.

How is an overseas patent obtained?
There is no such thing as a 'worldwide' patent. A patent is a national right and, as a result, if protection is required in several countries, it is usually necessary for separate applications to be filed in each country. However, in Europe it is possible to file a single application at the European Patent Office to seek patent protection in most European countries.

In addition, the Patent Cooperation Treaty enables an applicant to file a single international application designating a large number of countries around the world. The international application exists as a single entity for a period during which a search report is issued. During this period, the applicant can optionally request an examination report on the patentability of the invention. Finally, the international application can be converted into national applications by filing national applications in the countries where protection is actually required.

How is a patent enforced?
This varies from country to country but, in general, a patent is enforced by bringing legal proceedings in a court of law. Success can result in an injunction to stop further infringement as well as an award of damages in respect of past infringement.

Why is patent protection important?
Any company which invests significant sums in research and development (R&D) to develop its own products or manufacturing technology should consider patent protection. Patent protection often enables a company to recoup R&D expenditure because of the possibility of charging a higher price for its products. Without patent protection a company may not gain the full benefit of its R&D work since it may not be able to stop competitors from copying the resulting products. Any company or individual wishing to make money from innovation without investing in manufacturing should consider patent protection to establish rights which can subsequently be sold or licensed.

How can a patent be used commercially?
A patent is a valuable commercial tool which can be used in a number of different ways.

1. A patent can be used to prevent competitors from trading in articles or using methods covered by the patent. Thus, patentees can charge a premium for their products and prevent others from using improved methods to lower manufacturing costs.


2. A patent can provide the legal framework for the licensing of technology and a patent proprietor can earn an income from his invention through royalties paid on licensed products.


3. For an independent inventor seeking financial backing or support from a large company, a patent or patent application can be a valuable bargaining tool, as well as serving as an indicator that the inventor is dedicated to developing his product. Some companies will refuse to discuss an invention unless a patent application has been filed.


4. A patent can be traded as an asset or can be used as security in raising a loan.

Why do you need help from a Patent Attorney?
A patent attorney can advise on the patentability of an invention, prepare the patent application and arrange for the filing of the application anywhere in the world. A patent application is a complex legal document and preparing the "claims" requires special skills to define the extent of the protection for the invention. The objective is not simply to protect the inventor's specific ideas, but also to cover what a competitor might try to do having seen the invention, by applying it in a different way. This requires analysis of the invention in relation to what is already known, together with a familiarity with the workings of the patent system. Unless properly drafted, a patent may be very difficult to enforce in the courts.

The actual filing of a patent application is carried out either by the patent attorney directly in the UK or European Patent Offices or, in the case of certain foreign patent applications, by attorneys based overseas. When the patent has been granted, the patent attorney supervises the annual payment of renewal fees and assists with the ongoing management and maintenance of the patent portfolio. Patent attorneys can also advise on the licensing, assignment and enforcement of patent rights and can challenge patent rights of others where these could inhibit a client's freedom to pursue a chosen course of action.

What can Boult Wade Tennant offer?
Boult Wade Tennant provides commercially-orientated advice to ensure that clients obtain the optimum benefit from their inventions. The firm's large professional team covers a wide range of technical disciplines and experienced practitioners are available to assist whatever the subject matter.

Boult Wade Tennant's Head Office is close to the London branch of the UK Intellectual Property Office so documents can be filed by hand. The firm also has offices in Reading, Oxford and Cambridge.

Our in-house Technical Illustration Department assists in preparing patent drawings to comply with the stringent requirements of UK and foreign patent law. We also have an in-house translator for translating foreign patent documents and an in-house Search Department for carrying out searches. Our Renewals Department handles renewal payments in-house and, in conjunction with our Records Department, can provide clients with up-to-date schedules of their cases.