PATENTS - FREQUENTLY ASKED QUESTIONS

What is an invention?
Simply stated, an invention is any discovery, development or idea, which is novel, inventive and can be applied in industry.The detailed meanings of these terms should be discussed with your Patent agent but in brief :-

• Novelty means not made public in any way, anywhere in the world before a patent application has been filed;
• Being Inventive means doing something or achieving something in a manner which would not be obvious to someone who is skilled in the particular area of your invention; and
• Applied In Industry means that it is capable of being implemented in any type of industry. The idea must be developed to a stage where it is capable of being put into practice.

How do I know my invention is new?
In order to determine the novelty of an invention, searches can conducted in two principal ways:

• An international novelty search can be conducted using commercial databases. This type of search is somewhat limited in scope since the search is conducted using "keywords" and depends on the words chosen and the accuracy of the database compilers. This type of search will generally only locate prior art documents published since about 1970 and is therefore only suitable for certain types of inventions.

For a more comprehensive search we instruct a specialist overseas searching bureau (normally associated with a National or Regional Patent Office) to conduct a search. While somewhat expensive this type of search is usually the most comprehensive.

What is a Patent?
A Patent is the legal right to protect an invention. In return for disclosing the invention the State gives the right to a Patentee to exclude all others from making, using or selling the invention for a certain period of time, usually 20 years. It is not necessary for a prototype to have been made or engineering drawings prepared, for an invention to be patentable.

What advantages do Patented products or processes have?

• Patents serve to keep your competitors from entering the marketplace, making particular products or offering certain services.
• Patents illustrate a level of technology and innovation. This can add value to companies seeking investment or looking to flotation.
• Arising from the ability to prevent competition, protected products or processes tend to command premium prices.
• Patents may be licensed to third parties generating royalties which may be Tax Free.
• Patents are intellectual property and can be sold or disposed of in the same way as other types of property.

What cannot be Patented?
Anything that has been made public in any way before a Patent Application has been filed cannot be patented. It is therefore imperative that you discuss your invention with MacLachlan & Donaldson before anyone else. There are certain other excluded inventions but again these should be discussed with your Patent Agent.

How do I get a Patent?
A patent application and specification document must be filed in the Patents Office of the country for which protection is sought. The specification is a legal document which sets out the scope of protection for the invention. The preparation of this document is a highly skilled job which should always be done in consultation with your patent agent.

Worldwide Patents?
There is no such thing as a "worldwide patent", however, certain patent treaties allow patent applications to be filed in a number of countries simultaneously. These treaties have come about because it is recognised that an inventor cannot be realistically expected to deal with the complexity and cost of perhaps hundreds of individual countries requirements without having first ascertained the commercial demand for an invention.

• European Patent Applications
  A single application may be filed at the European Patent Office (EPO) designating some or all of the contracting States. The Application is subject to a common novelty search and formal examination procedure. Patents granted by the EPO are recognised in all signatory States and when nationalized have the same rights as individual national applications.
• International Patent Applications
  The Patent Cooperation Treaty (PCT) covers over 100 countries and provides an Applicant with a single search and examination report which can prove very useful in determining the likely scope of protection for an invention before incurring the cost of filing National or Regional Patent Applications. The Treaty also provides an invaluable cost effective mechanism for extending the one-year period allowed for foreign filings.

How are Patents used for information purposes?
It is estimated that 80% of the technical information material disclosed in patent specifications is not available from any other source. Cataloguing and indexing, means that relevant information can be found relatively easily using commercial databases. A search of patent literature, using names or subject matter keywords can allow you to ascertain what your competitors are doing. Before embarking on a new research project it is often useful to conduct such a search both to ensure that you don't infringe someone else's rights and to prevent "re-inventing the wheel".

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