Patents

If you have invented something new through your own skill and imagination you may be able to claim exclusive rights to exploit it be registering a patent. Once registered, a patent can last for 20 years subject to payment of renewal fees. All its details are published but no-one other than the registered owner or someone with a registerable interest can make use of it without permission.

Your invention has to be:

Some things are not patentable

It is not possible to register a patent for certain categories of things such as new plants or animals or other discoveries, as opposed to inventions. Scientific, mathematical, business or medical treatment methods are not patentable. Nor are literary, dramatic or artistic works, which attract copyright protection instead.

Who is the inventor?

The answer may be obvious but sometimes inventions are a joint effort in which it may be unclear who is entitled to credit for the actual inventiveness or the work of an employee in which case the invention may belong to the employer. The inventor should be the applicant for the patent.

Infringement, challenge and revocation

The remedy for infringement is an injunction and / or damages. The infringer may defend by challenging the patent as to its inventiveness or novelty and a successful challenge can lead to revocation of the patent.

Enforcement

In the case of infringement we offer a full dispute resolution and litigation service and can take appropriate action to protect your rights.