1.
Before any publication e.g. by communication to a company, or
by advertisement or sale of a product, takes place, you should take
the first and cheapest step towards a patent by filing an application
with at least an Informal Specification. This establishes certain
rights as from the date of application, and gives you one year's grace,
before you must take any further action. You should make every effort
to exploit your invention commercially during the first year.
If at the end of that year you have failed to persuade anyone of the
value of your invention, then you will probably feel that further
expense to obtain a patent is not worthwhile. If you are already exploiting
your idea, then the patent will probably be self-financing. Protection
in other countries is available separately, but the costs are substantial.
2. The cost of developing an invention, making demonstration
models, etc., and then of obtaining a patent, must together be looked
upon as an investment which you will probably have to make before
you know whether you will be successful. The hoped-for dividends are
to be achieved through exploitation of your invention, whether by
you, or by a company licensed by you, or by sale of your rights. Without
the protection of a patent you run the risk of being unable to stop
your invention being copied. On the other hand, the fairly considerable
expense of a patent is pointless unless you put considerable effort
into trying to exploit it.
3. Anyone approached by you to promote your invention is likely
to be more favourably disposed if you have initially backed your invention
with your own time, money and effort. However, you must realise that
a company considering a new idea is being asked to invest its money,
and that therefore an invention must show fair prospects of usefulness
or saleability before it will be accepted. Moreover, inventions which
require the scrapping of existing investments have an additional hurdle
to overcome.
4. We are often asked what patents already exist for an invention.
This information may be needed to answer either of two distinct questions:
first, is there any danger of infringing someone else's patent by
using an idea?, or second will it be possible to obtain a patent for
the supposed new invention? The first can only be answered by instructing
us to make a suitable search through patents in the jurisdiction in question. It is only usually
worthwhile to do this if considerable capital investment in an idea
is planned. The second question, in practice, very often does not
need to be answered at all at first. If the application is eventually
pursued, the answer will be given, after paying the search fee, by
the Intellectual Property Office. At this stage, the important thing is to get the
idea developed and into practical use under cover of an informal patent
application.
5. Although Patent Attorneys do not usually assist in finding
backers for inventions, we do help in negotiating a suitable agreement
with an interested party. On no account should you sign any document
concerning your rights in an invention without taking advice.
6. One advantage of employing a Patent Attorney to prepare the
necessary specification and drawings for a patent application is that
the documents can then be used for presentation to potential manufacturers
or backers, preferably with a suitable working model.
7. Over many years, it is our experience that, while it is
legally quite in order for an inventor to prepare and file his own
application, it does not in the end turn out any cheaper. The reason
is that, since it is hardly possible for an inventor to carry through
all stages of his application on his own, he is forced to go to a
Patent Attorney at a later stage. This nearly always results in very
much increased bills for sorting out difficulties arising from an
imperfect initial application. Moreover, since the initial application
may have to form the basis for the eventual protection given by the
patent, the protection available may be severely reduced, even to
nothing, by a poor first attempt. Therefore only in cases of real
financial stringency should a layman be advised to proceed without
proper professional advice.