Patent Solicitors

Common Patent Questions

• What is a patent?

  A patent is a legal protection granted for a new invention, giving the owner the exclusive right to use, make, or sell the invention for a limited period. An invention can be a new product, process, or improvement to an existing product or process.

  In the UK, it is obtained through an application process with the UK Intellectual Property Office (IPO).

• What can and cannot be patented?

  You can patent technical inventions that are novel, inventive, and capable of industrial application. These include:

  • New products, such as a medical device, smartphone component, or environmentally friendly packaging material.
  • New processes, like a unique method for manufacturing a product or a new chemical synthesis.
  • Improvements to existing technology, such as a more efficient engine design or a safer pharmaceutical formulation.
  • Software, if it provides a technical solution to a problem, such as an algorithm for controlling machinery or optimizing data storage.

   

  You cannot patent ideas or artistic work. These include:

  • Literary, dramatic, musical or other artistic works
  • Ideas relation to business strategy
  • Methods of medical treatment or diagnosis
  • A discovery, theory or mathematical method
  • Biological processes such as cross breeding plants or animals
• What do I need to register a patent?

  To register a patent, you need:

  • A detailed description of the invention, explaining how it works and what makes it unique.
  • Claims defining the features of the invention that need protection.
  • Supporting drawings or diagrams, if relevant.
    Your invention must be new, inventive, and useful in industry.
• Can I have design rights and a patent?

  Yes, both protections can be obtained for the same product. Design rights protect the visual appearance of a product, such as its shape, pattern, or color, while a patent safeguards its functionality and technical innovations.

  At Freeman Harris, we can assist you with registering your design rights and your patent to ensure comprehensive protection for your product.

• What is the patent registration process and timeline?

  1. Initial Assessment and Preparation (1–2 months)

  • Our team evaluates your invention to determine if it meets the criteria for patentability: novelty, inventiveness, and industrial applicability.
  • We conduct background research to identify potential prior art and assess risks.
  • Once ready, we coordinate with trusted patent attorneys who will draft and file your patent application.

  2. Preliminary Examination and Search (3–6 months)

  • After filing, the UK Intellectual Property Office (IPO) reviews the application for formalities.
  • A search report is issued, identifying prior art that may affect the patent’s validity.

  3. Publication (18 months from filing date)

  • The IPO publishes your patent application, making it publicly available.
  • During this stage, your invention gains provisional protection while awaiting substantive examination.

  4. Substantive Examination (18–36 months)

  • The IPO conducts a detailed review to ensure your invention meets all patentability criteria.
  • We work with the patent attorney to address any objections, make amendments, and argue the case for granting the patent.

  5. Grant of Patent (2–4 years)

  • If successful, the patent is granted, securing your exclusive rights.
  • We provide strategic advice on enforcement, licensing, and protecting your patent rights through legal measures, if necessary.

  6. Ongoing Management

  • We assist with licensing agreements, infringement claims, and maintaining your patent portfolio.
  • Annual renewal fees, starting in the 4th year, are handled by the patent attorney with our oversight.
• What happens if someone infringes on my patent?

  If your patent is infringed, you can take legal action to stop the unauthorised use of your invention and seek remedies. This typically involves issuing a cease-and-desist letter to the infringer as a first step, demanding they stop the infringement.

  If the infringement continues, you can file a claim in the Intellectual Property Enterprise Court (IPEC) or the High Court, where you may seek an injunction to prevent further use and claim damages for your financial losses or an account of the infringer’s profits.

  To strengthen your case, you should collect evidence of the infringement and seek legal advice promptly. You have up to six years from the date of infringement to take action.

• How long does a patent last?

  A patent lasts for up to 20 years from the date of filing, provided annual renewal fees are paid starting from the 4th year.

  If the renewal fees are not paid, the patent will lapse before the 20-year period ends.

• Can I license my patent to others?

  Yes, you can license your patent to others by granting them the right to use, manufacture, or sell your invention under agreed terms.

  Licensing agreements can include royalties, lump-sum payments, or other compensation, and they allow you to retain ownership of the patent while benefiting financially from its use.