Invention Help

[Kilo-Foxtrot]

Hi everyone

I have an idea that is not currently in use and I was wondering what can make it patentable.

There is currently nothing patented on the actual idea, however there is a couple of examples that "may" be considered "prior art" in a different european country. My idea uses different materials and different method of construction/deployment however, the way it's made can be found in other examples of work not associated with this particular use.

Should I go to the cost of organising a patent search to make sure or should I not bother and hope to be the first to get my idea into prototype stage and sell without a patent?

Thanks

 

[vvaannmmaann]

Hello and welcome.
http://www.ukbusinessforums.co.uk/forums/showthread.php?t=193015&highlight=patents
This may help.If not use the search function (top right hand corner) and look for patents or whatever you want to look for.Good luck.

 

[Kilo-Foxtrot]

Thanks

I have already used the search but couldn't find an answer to the specific issue.

 

[All Seasons IP]

Hi there

I have the following general comments:

- prior art made available to the public in any country could be relevant when considering the patentability of an invention;

- without a thorough analysis of your product/invention and the prior art you have seen, it is not clear to what extent they are related;

- it might be worth getting some sort of search done to ensure there are no existing patent rights in the countries you wish to market that might mean that you are not free to sell your product;

- while you do not need a patent to sell something, it would give a monopoly in the countries in which you have granted patents, for the specific features you have claimed.

Best wishes

Mitch

 

[Swisaw]

If you can not search the claims regarding your idea, the easiest way is to apply for a patent with full claims at a cost of £180.00, less on line. After a few months, you will get full search report with any similar applications.

 

[IP Consultant]

Hi Kilo

You should consider IP infringement if you intend to put a product on the market, and consider IP protection if you would like to control who puts your invention on the market.

I must add to Swisaw's comment that drafting a claim of optimum scope is not straightforward. Too narrow, and your claim may not catch an infringer. Too broad, and your claim may not be valid in light of the prior art. A very common mistake of private inventors is to draft a claim which is too narrow (e.g. a claim to a product with features A, B, C and D in combination). Unfortunately, it is not permissible to amend the claim, by broadening, to cover a product with the combination of only features A, B and C, unless there is basis in the application as filed for that exact combination of features. Therefore, unless you are confident to draft claims, you should seek professional advice.

If you have any questions please do not hesitate to contact me.

Best wishes

Matthew Allen
BEng (Mech. Eng.), MSc in IP Management,
European Patent Attorney, European Design Attorney, European Trademark Attorney &
Associate Member of Chartered Institute of Patent Attorneys (CIPA)
ALLEN IP Limited

 

[All Seasons IP]

I would add to Matthew's excellent advice simply to provide the general comment that the quality and relevance of the proposed patent office search depends, in part, on the quality of the specification (including claims) filed, as this is all the search examiner has to go on. In other words, if your application does not clearly describe and define your invention, your search report may contain irrelevant citations, or more worryingly, may omit some relevant documents.

Best wishes

Mitch

 

[Swisaw]

Hi Kilo

You should consider IP infringement if you intend to put a product on the market, and consider IP protection if you would like to control who puts your invention on the market.

I must add to Swisaw's comment that drafting a claim of optimum scope is not straightforward. Too narrow, and your claim may not catch an infringer. Too broad, and your claim may not be valid in light of the prior art. A very common mistake of private inventors is to draft a claim which is too narrow (e.g. a claim to a product with features A, B, C and D in combination). Unfortunately, it is not permissible to amend the claim, by broadening, to cover a product with the combination of only features A, B and C, unless there is basis in the application as filed for that exact combination of features. Therefore, unless you are confident to draft claims, you should seek professional advice.

If you have any questions please do not hesitate to contact me.

Best wishes

Matthew Allen
BEng (Mech. Eng.), MSc in IP Management,
European Patent Attorney, European Design Attorney, European Trademark Attorney &
Associate Member of Chartered Institute of Patent Attorneys (CIPA)
ALLEN IP Limited

Sorry I forgot to add to amend his claims accordingly after he receives search report. On my last search report I was given the choice to amend my claims in view of the search report and the accompanied applications. Obviously patent claims is very complicated but on the basis of simple common sense you can make claim to new properties of your idea.