Make an enquiry

    Enquiry Form









    Contact

      Enquiry Form






      Supporting Document


      We are welcoming clients back to our offices Find Out More
      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
      • 0845 543 5700
      • [email protected]
      • Make an enquiry
      • Online Payment
      • Home
      • Services
        • Services for you
          • Advocacy
          • Civil & Commercial Disputes
          • Clinical and Medical Negligence
          • Conveyancing
          • Employment Law
          • Family Law
          • Children Law
          • Immigration & Visas
          • Notary Services
          • Personal Injury
          • Wills, Life Planning & Probate
        • Services for business
          • Academies Portal
          • Agricultural and Rural
          • Business Immigration
          • Commercial Dispute Resolution
          • Commercial Litigation
          • Professional Negligence
          • Commercial Property
          • Construction Law
          • Planning Consultancy
          • Corporate and Commercial
          • Education Services
          • Employment Law
          • Healthcare Services
          • International Services
          • Landlord & Tenant Services
        • Services by sector
          • Agriculture & Estates
          • Care Homes
          • Charities & Social Enterprise
          • Construction
          • Education Law
          • Energy
          • Family Owned Business
          • Healthcare & Dentistry
      • Our people
      • About us
        • CSR
        • Awards
        • Our Vision
        • Accessibility
        • Careers
        • Work Experience
        • Equality & Diversity
        • FLOCC
        • FJG Foundation
        • SAFE Forum
      • News, Events & Insights
      • Blog
      • Podcasts
      • Contact us
        • Colchester
        • Chelmsford
        • Clacton-on-Sea
        • Billericay
        • Braintree
        • Frinton-on-Sea
        • Holland-on-Sea
        • London

      Do you have an invention that you want to protect?

      4 March 2019 by

      invention
      invention

      What is an invention? An invention is a product or a process. This can be either new or old (but in the case of old, this must be ‘improved’). If you want to formally protect your invention you should register it as a patent which is a registrable intellectual property right. If registration is successful, you will acquire a monopoly right in the registered patent for a period of 20 years. This means that you will have a claim against anybody using/reproducing/selling your invention without your consent, subject to limited exceptions. The requirements for registration are as follows.

      Novelty

      The invention must be totally new (or if old, must be a material improvement on the original invention); and must not already be known to the public at the date of filing the application. This is a detailed area as it involves disclosure by either yourself or a third party, of your invention to the public. It therefore comes with risks of reproduction or reverse-engineering; if you are not swift in completing your registration.

      If there has been any disclosure of your invention prior to its registration application, whether intentionally or unintentionally, the invention will no longer be new; and subsequently will not be novel, often preventing successful registration. However, in certain circumstances, there is a grace period of 6 months since the disclosure has taken place. During this period you can register your patent, giving you time to iron out any issues that arise.

      Inventive step

      The invention must ‘not be obvious to a person skilled in the art’ and have an inventive step. ‘A person skilled in the art’ is considered to be an experienced but unimaginative technician.  To analyse whether the invention has an inventive step, the ‘person skilled in the art’ would look at the differences between the invention and what is already out in public. If the step would have been obvious to ‘the person skilled in the art’, there is no inventive step; and therefore, registration would likely fail.

      Capable of industrial application

      This requirement would normally be met by an invention unless it cannot be ‘made or used in any kind of industry, including agriculture’.

      Not excluded

      An invention will not be registered as a patent if it is excluded under section 1(2) Patents Act 1977, i.e. if it is:

      • A discovery, scientific theory or mathematical method;
      • A literary, dramatic, musical or artistic work; NB However, copyright may subsists in these works
      • A scheme, rule or method of performing a mental act, playing a game or doing business, or a program for a computer; and
      • The presentation of information.

      If your invention meets the above requirements, it may be registered as a patent, subject to requirement of sufficiency. Sufficiency means that the patent specification must contain sufficient information to enable the reader to put the invention into practice. This is because an intellectual property right in a patent may only be registered for 20 years. After the expiry of the 20 years, third parties are at liberty to use/produce/sell the invention without infringing the owner’s right.

      Registration of a patent is a complicated area of law. The Corporate Commercial Department here at Fisher Jones Greenwood LLP can certainly assist you with any questions you may have regarding intellectual property generally and our Dispute Resolution Department can assist with enforcing a claim against a third party or defending any such action. If you wish to register a patent, you will likely require a patent attorney to prepare the specifications and claims to be included in the patent application.

      Should you require any further information or assistance please do not hesitate to get in touch – call 01206 700113 or email [email protected]

      Authors
      Archives
      Subscribe to RSS feed

      Recent Posts

      • Worth the wait
      • What is a section 37 report?
      • What is a section 7 report?
      @FJGSolicitors

      We've had a 5* review from Zoe: Moving home https://t.co/4lbJehtq0g

      18 hours

      RT @MistleyCC: How good did the new T20 kit look on Thursday?! 🔥 A massive thanks to @FJGSolicitors for sponsoring our kit this year! https…

      1 day

      We've had a 5* review from Nicholas: EXCELLENT ADVICE AND VERY EFFICIENT https://t.co/4lbJehtq0g

      2 days
      Billericay 01277 623132
      Braintree 01376 552828
      Chelmsford 01245 890110
      Colchester 01206 835300
      Clacton 01255 323103
      Frinton 01255 514100
      Holland-on-Sea 01255 818900
      London 08455 435700
      Sudbury 01787 373387
      • Disclaimer
      • Accessibility
      • Terms & Conditions
      • Privacy Policy
      • Cookies
      • Price & Service
      • Signup to our Newsletter
      • COVID-19 Risk Assessment

      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      This website uses cookies & data collection

      Our website uses cookies, which are small text files that are placed on your computer by websites that you visit to distinguish you from other users. They are widely used in order to help website owners like us provide you with the best user experience possible. They also provide us with information that can help us improve our websites and marketing activities. By clicking an item or link on this website, you agree to the use of cookies and other data collection.

      Find out more

      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner