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About Patents
There are a lot off myths surrounding the Patent system. Below we try to explain a few truths about the system.
The problems that are prevalent in the patent system are very apparent whenever an new innovator starts to read up on how they will register a innovation.
They are faced with a massive amount of reading material that they have to study and most will then look at the prospect of using a Patent Professional and after that assess the cost of using them.
If the project meets the following criteria then they must decide if it is worth the cost not only of registering the product but the very high cost of defending it.
There are four criteria that should be met before a patent can be granted:
The item must be new, unique and never have been disclosed to any other person or any information about it been published in print.
there must have been a novel and inventive step as most patents are small improvements in existing technology The inventive step principle means that the idea must not be obvious. It can be simple, but not something that could be expected in the normal course of events.
it must have an industrial and practical application.
not be on the excluded list. The main problem facing small to medium size companies is the fact that the cost of defending their patent ids prohibitive, thus the patent system is only suitable for large companies that have a large fund of cash available to pay the Lawyers who will defend their legal battles. Even within Europe, legal experts warn against ignoring the patents issue for products centered on their software.
"If there is an invention involving software and it is framed in such a way that it meets the criteria in patent legislation that something be novel, inventive and have industrial application, then we should grant a patent. And we have granted software patents. But the courts have the last word." Which doesn't help smaller firms who cannot afford £700,000 to challenge a patent.”
The next protection method is that of copyright. select this from the lower left panel.
Who holds this Patent?
The Patent Office has much information available including Forms in PDF format.
Smart Scotland has advice on funding available and also has links to similar agencies in other areas.