An innovative design or idea can be patented if it is new and is not already in the public domain, or if it is an adaption, i.e. involving a new and/or different design which makes it uniquely dissimilar to the original idea which may already be in the market. An example of this would be the revolution which took place with the invention of the ‘bag-less’ vacuum cleaner. There are many makes of ‘bag-less’ vacuum cleaners on the market, but the way they actually work will vary from model to model and each will be patented accordingly.
The owner of the proposed patent is the person who thought of it or someone to whom the rights to the patent have been legally passed on and it must not have been published prior to being filed. If it is, patent protection cannot be granted.
In order to obtain a patent, a description and possibly drawings of the design/idea are initially required for submission to the Patent Office and expert advice should be taken in the event of a difficult application, where the use of the correct wording is necessary to ensure the application accurately reflects the product and the patent being sought. The Patent Office allocates the application a number and date after which time the applicant can request a search by the Patent Office Examiner which will be sent to the applicant and which must be done within the twelve months following the initial application. Also within twelve months of the original application, claims can be filed specifying the legal definition of the device for the patent.
The Patent Office publishes the invention eighteen months after the filed application and if the process is to go forward, this is followed by an examination stage which has to be made in the six months following publication. The Examiner will decide whether there are sufficient grounds for granting a patent. If it is granted, a UK patent will last for a maximum of twenty years.
