Patents
A patent can be obtained for an invention. It will, however, only be possible to register an invention with the Patent Office if it meets the main criteria of “novelty” or “inventive step.” This is decided by an examination of the invention in relation to “prior art” which is the existing state of the art known or apparent to experts in the relevant industry in question. For example, if it can be said that the invention would not have occurred to a reasonable expert in the field, the invention may qualify for the “inventive step” criteria.
Often patents are muddled with copyright. Copyright covers the expression of an idea, a patent is an idea of industrial application. For example a company will own copyright in the writing in its brochures which is a literary expression of ideas to sell its products. The content of the brochure is protected by copyright. An example of a patent on the other hand might be where a pharmaceutical company invents a new drug and expresses it as a chemical formula. The formula may be capable of patent protection if it meets the legal criteria.
Patents are a highly technical area. We, therefore, provide clients with guidance and initial opinions on patentability and the legal requirements for registering patents. However, when it comes to filing patent applications we work with Patent Attorneys with technical backgrounds in subjects such as mechanical and structural engineering, pharmaceuticals and electrical engineering.
