Patently obvious

By HELEN LOVELESS, MAIL ON SUNDAY ENTERPRISE EDITOR
Updated:

 

BRIGHT ideas can change the lives of millions. Think how the mobile phone has become a global phenomenon in just a few short years.

Clearly there is a fortune to be made if your big idea catches the public imagination. But it will be worth little if you don't safeguard it.

After years of court battles in several countries, German inventor Andreas Pavel recently won a multi-million pound payout from electronics giant Sony. He had accused the group of copying some of his designs for a 'stereobelt' after Sony developed the Walkman, which has been a worldwide success.

If like Trevor Bayliss, the inventor of the clockwork radio, you have had a eureka moment, in the form of a solid gold idea for a new product or genius invention, the first thing you should think about is how to patent it.

A patent gives you the right to stop anyone else making, using or selling your invention for a set period of time, normally 20 years.

However, certain conditions need to be met. First, the invention must be new. This means it must not have been made public, not just in the UK but worldwide, before you file the application for a patent.

It must also include an 'inventive step'. So your idea must go beyond what is already obvious to someone who has a good knowledge and experience of the subject.

Most importantly, your invention must have a practical use. The UK Patent Office (UPO) says: 'The invention must take the practical form of an apparatus or device, a product such as some new material or substance or an industrial process or method of operation.'

Applying for a patent at the UPO costs nothing, but at a later stage you will have to pay £200 for searches to determine whether your invention is unique.

The hardest part for most people is finding the financial backing to develop their invention. The UPO does not give financial assistance to would-be inventors but it does have a list of companies that will help to evaluate, develop and promote your idea if it comes to the market.

If you decide to use a company to help you, make sure you ask about their success rate in getting inventions to market and also rejection rates. Contrary to expectations, a high initial rejection rate is a good thing, say the UPO, because there are many ideas that are not commercially viable and therefore should be rejected.

Make sure the company you deal with is a member of the Chartered Institute of Patent Agents (CIPA), the professional body for patent agents in the UK. It offers would-be inventors a free information pack and also organises free clinics. Call 020 7405 9450 or visit www.cipa.org.uk.

The Department of Trade and Industry (DTI) also offers financial help to individuals and small businesses through the Grant for Research and Development. Its website also includes a directory of providers offering grants and business support, see www.dti.gov.uk.

The Government's intellectual property website warns against using so-called invention promoters who offer to help evaluate, develop and market ideas.

'Invention promoter services can be very expensive,' it says. 'If you are interested in working with one, you are advised to do some research before entering into a contract. This may help you to avoid costly mistakes.'

Other useful websites include www.the-key.biz

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