Written by Muqi Wulan
As described in the L2 Intellectual Property Rights (IPRs), the patent may be the protection right which is most related to engineering design since a patent protects new inventions, and covers how things work, what they do, how they do it, what they are made of and how they are made. It gives the owner the right to prevent others from making, using, importing or selling the invention without permission (Intellectual Property Office 2011a). In UK the patent system is administrated by the Intellectual Property Office.
Requirements for a patent (Intellectual Property Office 2011a) (Irish 2005: 64) (Dieter and Schmidt 2009: 185)
A patent is granted for an invention, which must be
– new or novel ,
– not obvious to someone with knowledge and experience in the subject,
– useful and capable of industrial applications.
Things excluded from patent protection
– a discovery, scientific theory or mathematical method,
– aesthetic creations,
– mental concepts,
– presentation of information,
– computer programs,
– immoral inventions.
Procedure of applying a patent in UK (Irish 2005: 67)
Step 1: Prepare a patent specification.
A patent specification is the document in which the inventor makes public the details of his/her invention (British Library 2011). It usually includes a literature review in the current technical field referring to existing patents, books or journals, a raised problem, and a summary of the invention which solves the problem. Then follow drawings, especially for engineering inventions. Later a written description provides the patent claims in detail.
Step 2: Establish a filing date at the patent office.
The date when a patent application is received is called the priority date. The patent specification is filed at the patent office. The specification is allowed to modify in the 12 month limit. No fee at this stage.
Step 3: Searching for existing patents.
The patent examiner will look for earlier patents for similar inventions, and decide if the contents in the specification conflict with legal patent requirements. A fee is required. The search can be carried out by the UK Patent Office, using online database facilities. The search covers:
– UK patent specifications since 1900,
– The European and International Patent Systems since 1978,
– US patents since 1971,
– Other countries including Japan.
Step 4: Publication of the patent application.
18 months after the priority data, a patent application is published by the patent office as a document called the A-specification. Figure 1.1 is the cover page of the A-specification for UK patent application 2239940. Published UK patent specifications are available in the British Library:
– in a weekly publication – The Patents & Designs Journal,
– by the access from http://www.bl.uk/.
Figure 1 – The sample of a UK patent application 2239940 (Irish 2005: 72)
Step 5: Examination and grant of a patent.
After receiving the search report, if the applicant is willing to proceed, the patent application is referred to an examiner for reviewing the specification and claims, including any amendments made after the search report is received. An examination fee is required at this stage. The examiner can raise any points against patent requirements, and the applicant is allowed to provide reasonable arguments. When all the disputes have been resolved, the applicant is notified that the patent is granted. The second publication – B-specification is published later.
Step 6: Register of a patent.
The proprietor of a patent can keep the patent for up to 20 years from the date the claims are filed. Annual renewal fees are required. The formal register is kept in the patent office.
Related patent organisations
The Intellectual Property Office – www.ipo.gov.uk
The British Library – www.bl.uk
(The library has copies of all UK and foreign patent specifications, design registration, and extensive IP reference material.)
The European Patent Office – www.epo.org
The World Intellectual Property Office – www.wipo.int
Design Council – www.design-council.org.uk
The US and Trademark Office – www.uspto.gov
Online search services are usually provided.
Summary
An invention, which can be patented, must be new, not obvious, and useful for industrial applications. Before the invention is disclosed, a patent application is filed at the patent office. A full description on the invention is provided, including one or more patent claims. If the invention meets the legal requirements through search and examination, a patent be granted which can last up to 20 years with paid annual renewal fees.
Back to Market Review
Back to Planning and Clarification
Back to MAE Design Model
Selected References
British Library (2011) Patent collection. [online] available from <http://www.bl.uk/reshelp/findhelpsubject/busmanlaw/ip/ippatents/patents.html> [27 July 2011]
Irish, V. (2005) Intellectual property rights for engineers. 2nd edn. London: The Institution of Electrical Engineers
Intellectual Property Office (2011a) What is a patent? [online] available from <http://www.ipo.gov.uk/types/patent/p-about/p-whatis.htm> [27July 2011]