Home  5  Books  5  Magazines  5  News  5  GreenPro  5  HelpDesk  5  Your Cart  5  Register  5  Green Living Forum
Not signed in (Sign In to the Green Building Forum)
Welcome to new Forum Visitors
Join the forum now and benefit from discussions with thousands of other green building fans and discounts on Green Building Press publications:: Apply now.




    • CommentAuthorMike George
    • CommentTimeAug 17th 2008 edited
     
    I can't make much sense of the Patent Office legal document regarding rules. I though someone hear may be able to answer a question:

    I read somewhere that in order for something to be patentable it has to have moving parts. Is this correct?
  1.  
    Posted By: Mike GeorgeI read somewhere that in order for something to be patentable it has to have moving parts. Is this correct?


    No of course not. Otherwise software algorithms couldn't be patented. Which they are all the time (e.g. mp3, Lempel-Ziv etc. etc.)

    Paul in Montreal.
    •  
      CommentAuthorali.gill
    • CommentTimeAug 17th 2008
     
    • CommentAuthorjon
    • CommentTimeAug 17th 2008
     
    No, there is no need to have moving parts for any of the types of patent.

    There are, however, different rules for each country.
  2.  
    Marvelous - thanks all - the dream is still alive
    • CommentAuthorjon
    • CommentTimeAug 17th 2008 edited
     
    The first question:

    Is it novel?
    Does it have industrial application? (ie does it have a use.. any use will do)
    Would it be obvious to do whatever you're doing (even if it is novel)

    If you pass the above tests, you may be able to get the equivalent of a US Utility patent (usually the most worthwhile for teh sort of thing that would apply to this forum)

    For many countries, buildings are considered unpatentable (though the process used to make the building or component may be patentable)

    If it does pass the above tests, then do a search on espacenet and the US patent office to see if it's already been done. If it passes that test and you want it reviewed for a (without responsibility) opinion of whether or not it's patentable let me know (you know my real email address from other things). You'll need a confidentiality agreement.
    • CommentAuthorjules
    • CommentTimeAug 18th 2008
     
    Mike
    Already mentioned above, but to give you an idea of what's already out there, look here http://gb.espacenet.com/search97cgi/s97_cgi.exe?Action=FormGen&Template=gb/en/advanced.hts
    and type in a couple of keywords in the abstract box.

    If you want to file a patent application, I strongly recommend that you get a patent attorney to write it for you. It will cost, but will be worth it (I would say that, because I am one).

    Finally, you can't get a patent if you've already disclosed your idea ( unless in confidence), so don't disclose it on this forum!
    • CommentAuthorjon
    • CommentTimeAug 18th 2008 edited
     
    Yes, I would echo and reinforce Jules's comment. If you haven't done a patent before, you *must* consult a patent attorney to get it written and you must not disclose (unless you have an absolute expectation that the persons to whom you disclose will keep the disclosure confidential)

    I'm not a patent attorney!
  3.  
    Still have this mad idea. Though I'm now at a stage where I have the confidence and finances [I hope!] to actually register a patent.

    Can anyone advise on the amount of money I should be paying a patent attourney to handle the process in the UK? I've had a price of £1800 + VAT for the initial application plus further costs of maybe £2500 over 2,3,or 4 years. Seems excessive to me

    Anyone?
    •  
      CommentAuthorJSHarris
    • CommentTimeAug 9th 2012 edited
     
    <blockquote><cite>Posted By: Mike George</cite>Still have this mad idea. Though I'm now at a stage where I have the confidence and finances [I hope!] to actually register a patent.

    Can anyone advise on the amount of money I should be paying a patent attourney to handle the process in the UK? I've had a price of £1800 + VAT for the initial application plus further costs of maybe £2500 over 2,3,or 4 years. Seems excessive to me

    Anyone?</blockquote>

    As someone with a couple of patents I'd suggest that sounds reasonable, even quite cheap, to me.

    Bear in mind that the patent itself is worthless unless you defend it, and that's what really costs a lot of money. If a big company challenges you, then you can be near-certain that their pockets will be deeper than yours and you may well end up losing out.

    TBH, I believe that the patent protection system is so broken as to be fairly useless at meeting its original objective of providing some protection for the IP of individual inventors. It's now primarily a way for big commercial interests to have expensive pillow fights. The chance of an individual inventor retaining the rights to their invention in the face of a challenge by a big company is near-zero.

    It's quite likely, for example, that you won't be able to afford to patent this in every country, so an easy way around it would be for someone to just manufacture it somewhere where your patent doesn't apply. The best example is China, where the concept of IPR is seemingly unheard of, and everyone copies everything freely and sells it on the world market.
    • CommentAuthorJoiner
    • CommentTimeAug 9th 2012
     
    I don't believe that about the Chinese, Jeremy.

    You'll be telling me next that that's how the Japanese leapt ahead so quickly in the technology sector back in the 70s and 80s.

    Surely not! :wink:
    • CommentAuthorMike George
    • CommentTimeAug 9th 2012 edited
     
    :cry: Thanks Jeremy.

    I'm very worried that one of the products I have in mind could be copied and mass manufactured elsewhere as it is small, simple, lightweight and therefore cheap to manufacture and transport over long distances.

    From what you're saying even the best Patent Attourney would have limited chances of protecting my invention in the UK market, as someone could just bring in a copy from say China?
    •  
      CommentAuthorDamonHD
    • CommentTimeAug 9th 2012
     
    Sometimes trade secrets are preferable to patents.

    Rgds

    Damon
    •  
      CommentAuthorJSHarris
    • CommentTimeAug 9th 2012
     
    <blockquote><cite>Posted By: Mike George</cite><img title=":cry:" alt=":cry:" src="/forum114/extensions/Vanillacons/smilies/standard/cry.gif"></img>Thanks Jeremy.

    I'm very worried that one of the products I have in mind could be copied and mass manufactured elsewhere as it is small, simple, lightweight and therefore cheap to manufacture and transport over long distances.

    From what you're saying even the best Patent Attourney would have limited chances of protecting my invention in the UK market, as someone could just bring in a copy from say China?</blockquote>

    Pretty much, yes. Patent challenges cost a great deal of money, money that you'd need to find up front to pay the lawyers, with only a small chance that you'd ever be able to win and hopefully recover your costs from the infringer. If the infringing company was in the Far East then the chance of you getting a penny out of them, even if you did win, would be very low.

    If you want a good example of a company that tries (and fails) to use patents to protect its product, then look at Dyson. There are a multitude of other cyclone vacuum cleaners around, and even Dyson didn't come up with the original idea, it had been used in industrial dust separation systems and even helicopter engine intake dust filters, for years before he decided to make a domestic vacuum cleaner. Dyson make a great play about their patents in their advertising, but in reality you find they are widely copied, and even Dyson struggle to stop it.

    Damon has hit the nail on the head, keeping something secret is often preferable.
    •  
      CommentAuthorfostertom
    • CommentTimeAug 9th 2012 edited
     
    Or else get to market and enjoy a 6 month clear lead before everyone catches up (if it's that good). But meanwhile you've come up with the next quantum-leap evolution. e.g. Apple - always one good step ahead.
  4.  
    Posted By: Mike GeorgeFrom what you're saying even the best Patent Attourney would have limited chances of protecting my invention in the UK market, as someone could just bring in a copy from say China?
    If you have the financial means to take the importer to court & prove infringement of your patent then you can stop sale in the UK. However, the UK is a relatively small part of the world market and you need to patent it in all the major markets to defend it properly.

    The best way forward is usually to patent it in the largest relevant market & then sell it to the highest bidder!

    David
    • CommentAuthorCWatters
    • CommentTimeAug 9th 2012 edited
     
    Watch out for fake patent advisors that take money for advice and do little to actually help get a patent.

    Perhaps try local office/advisor recommended by..

    http://www.ipo.gov.uk

    "The Intellectual Property Office is part of the Department for Business, Innovation & Skills"
    • CommentAuthorCWatters
    • CommentTimeAug 9th 2012
     
    <blockquote><cite>Posted By: Mike George</cite><img title=":cry:" alt=":cry:" src="/forum114/extensions/Vanillacons/smilies/standard/cry.gif"></img>From what you're saying even the best Patent Attourney would have limited chances of protecting my invention in the UK market, as someone could just bring in a copy from say China?</blockquote>

    Customs can block imports BUT you have to sign a form saying that you will indemnify customs against a damages claim if it turns out the import does not breech your patent.

    http://www.managingip.com/Article/1321510/Why-Customs-can-help-patent-owners.html
    •  
      CommentAuthorSteamyTea
    • CommentTimeAug 9th 2012
     
    Is copyright easier?
    • CommentAuthorjon
    • CommentTimeAug 9th 2012
     
    Hey Mike. If you're ever near Eastbourne, pop in for a chat. I've done quite a few of them. Happy to sign a CA if you want to discuss it in detail (providing it's a different field to what I'm working in). Rule no 1 is "Don't talk to an 'invention promotion company'".

    If a copy is brought in from China, you can sue the importer, claim all his profits and get damages on top. There are very strong rules about this: Even making a model of your invention for research purposes can be seen as an infraction.

    China has some special patent rules: if you patent in China, you also have to let it be produced there. If you don't, then the patent can become invalid.

    Sorry I haven't been around this forum much: The last 2 years have been hectic.
    • CommentAuthorjon
    • CommentTimeAug 9th 2012
     
    PS Rule no 2 is "Ensure that your inventions were invented whilst you were self-employed"
    •  
      CommentAuthorJSHarris
    • CommentTimeAug 9th 2012
     
    <blockquote><cite>Posted By: jon</cite>PS Rule no 2 is "Ensure that your inventions were invented whilst you were self-employed"</blockquote>

    A good one. The beneficiary of both my patents, one of which was invented by me in my spare time (and the prototype built at home by me during a Christmas holiday) is the Secretary of State for Defence. Most employers have similar rules, in that they can selectively choose to own the rights for things their employees invent, even when those inventions are made in their own time, not the employers time.
    • CommentAuthorjon
    • CommentTimeAug 9th 2012
     
    The beneficiary of both my patents, one of which was invented by me in my spare time (and the prototype built at home by me during a Christmas holiday) is the Secretary of State for Defence.

    Yes , I remember the first one I did. I wasn't living in the UK at the time and there were all sorts of procedures that have to be followed if you are employed (or a Director). Following the rules can be enough to sink the original enterprise if it's an SME.

    As a general rule, I wouldn't advise anyone to patent an idea unless the ownership of the idea is very well established right at the start (in the case of government employees, this often means that your ideas belong to the government)
    • CommentAuthordickster
    • CommentTimeAug 9th 2012
     
    Selling your patented gizmo to one of the big guns who have a chance to fight other big guns is maybe worth a thought?
    • CommentAuthorjon
    • CommentTimeAug 9th 2012
     
    Selling your patented gizmo to one of the big guns who have a chance to fight other big guns is maybe worth a thought?

    Agreed. This is often the best course. Though it depends on what the invention is; which you should never say on a public forum until you've filed the patents (and, preferably, after it's been published by the IPO)
  5.  
    Hmm, thanks all. Much food for thought.

    Jon, did you file the patent applications yourself? or use an atourney?
  6.  
    Also, anyone else with a view on the costs I mentioned?
    • CommentAuthorSaint
    • CommentTimeAug 9th 2012 edited
     
    Posted By: Mike GeorgeStill have this mad idea. Though I'm now at a stage where I have the confidence and finances [I hope!] to actually register a patent.

    Can anyone advise on the amount of money I should be paying a patent attourney to handle the process in the UK? I've had a price of £1800 + VAT for the initial application plus further costs of maybe £2500 over 2,3,or 4 years. Seems excessive to me

    Anyone?


    We got a patent on a small gadget for £1000 +VAT. I'll whisper you the patent attorney's contact details.
    If your product has the potential to be made in the Far East then why not take that step yourself rather than wait for the inevitable. Depending what it is (broadly speaking of course and whispered!) would dictate where it would be more logical to have it made. I might be able to give you some contacts out there
    • CommentAuthorjon
    • CommentTimeAug 9th 2012 edited
     
    Jon, did you file the patent applications yourself? or use an atourney?

    Some I use an attorney, others I file myself. It depends on the context.

    For example, if you have a series of inventions and your 'first step' invention doesn't cover the whole story, then you can use the patents system as a showcase for the idea (you then have the rest stacked up behind it): The intent here isn't to protect the first step, but the second or third stages. So, if you know how to file a patent, the total cost is in the region of £300 to get a UK 'showcase' filing. US filings are also cheap. Europe-wide filings are very expensive and world-wide is exorbitant.

    US filings are good but you have to be 'first to invent' not 'first to file'. If it can retrospectively be shown that someone else had previously done what you're thinking of, the US patent can be invalidated. Not so with UK patents: All you have to establish is that people who are reasonably expert in the field (at the time you file) do not think it is obvious. Even better, if you can get experts in the field to tell you that your idea is unlikely to have ever been done in the past after filing your patents and before it is taken to grant, you've more or less clinched the deal. The period between filing and the examination for grant of rights is usually about two years.

    However, if someone finds a published document, published prior to the filing date, and this also shows that your patent/method had been done prior to the date of filing, that's also the end of your UK patent.

    But another thing you can do is to file yourself and then get an attorney to tidy up the claims later. I would not recommend doing this unless you are seriously familiar with the system.

    If your invention is a one-off then you probably should use an attorney. But it depends on the context and you can't tell anyone that without getting a CA established or having some other way of having a 'reasonable expectation' that they would treat it confidentially (knowing that you intend to patent it).

    If you use an Attorney to get a UK patent, then £1800 sounds cheap (my attorney charges £200 an hour). Filing costs will probably be additional and if you decide to go for a PCT filing, they will become a very large cost.

    I hope this helps a little. The trouble with general sweeping statements like the above is that there are always some odd-ball situations where the above might be wrong.

    This page should probably be your first port of call:
    http://www.ipo.gov.uk/types/patent/p-about.htm

    Jon
    •  
      CommentAuthorJSHarris
    • CommentTimeAug 9th 2012
     
    <blockquote><cite>Posted By: Saint</cite> Depending what it is (broadly speaking of course and whispered!) would dictate where it would be more logical to have it made. </blockquote>

    Be aware that whispers on this forum software are not in any way secure or even private, and might well be cited as disclosure if challenged.

    I'd strongly suggest whispering a phone number and then making contact privately, with due regard to disclosure as it applies to patent law.
   
The Ecobuilding Buzz
Site Map    |   Home    |   View Cart    |   Pressroom   |   Business   |   Links   
Logout    

© Green Building Press