Novelty is the decisive condition. An invention already disclosed to the public — by exhibition, by offering it for sale, by publication, even by describing it to someone without a confidentiality agreement — is no longer new and cannot be patented. A great many inventors lose the right this way before they ever file.
Beyond novelty, there must be an inventive step, meaning something not obvious to a skilled person in the field, and an industrial application. Examination takes years, and the right granted has effect only in the country where it was filed.
We start with an assessment of whether a patent, a petty patent, or keeping the thing as a trade secret serves the business better.
What we do
- Search the prior art to assess whether the invention is still novel.
- Advise between a patent, a petty patent and trade secret protection.
- Draft the specification and the claims, which are what fix the scope of protection.
- File and prosecute the application through to conclusion.
- Respond to office actions and amend the claims.
- Keep the annual fees paid so the right stays in force.
- Record assignments and licences.
- Act against infringers, and defend where infringement is alleged against you.
Before disclosing an invention
- File before exhibiting, before offering for sale and before publishing.
- Put confidentiality agreements in place with manufacturers, contractors and development partners before technical information is handed over.
- Record the dates and the co-inventors, which matter if entitlement is later disputed.
- State in employment and development agreements who owns the invention.
- Decide early which countries to file in, because the period for filing abroad while claiming the original filing date is limited.
The claims are the whole of it
Protection is not defined by the description or the drawings but by the claims. Claims drafted too narrowly are designed around with a small change; claims drafted too widely are refused for overlapping the prior art. This is where most of the drafting effort goes.
This page is general information, not advice on your invention. Whether an invention is patentable depends on the search and on the examiner's assessment in each case.