Tips on protecting your poultry invention
Most farmers can turn their hand to any practical task and can be quite ingenious when it comes to inventing equipment, such as a new layer colony system, cleaning gadget or mobile housing.
Some ideas turn out to be highly marketable, but taking out a patent might be essential if the inventor is to fully reap his reward.
The most common error is to reveal the invention too early, according to a spokesman for the Intellectual Property Office (IPO). It is the government body responsible for granting intellectual property rights in the UK.
Inventions can be revealed in a number of ways, including by word of mouth, by giving a demonstration, and explaining the concept through an advertisement or editorial article. This kind of exposure means there is a real risk of losing the opportunity of being granted a patent.
However, many inventors like to sound out their ideas at an early stage. If you are keen to talk to someone – a potential business partner, for example, it is wise to ask them to sign a confidentiality agreement beforehand. The best person to consult is a solicitor or patent attorney, says the IPO.
The basis of a UK patent is a legal document called a “specification”. Its content covers whether a patent can be granted and details the rights of any patent that is granted.
| Intellectual property (IP) covers patents, registered trade marks, registered designs, design right and copyright. Just like any other form of property or business asset, it can be bought, sold, rented out or hired. |
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A patent is an intellectual property (IP) right, granted as a territorial right for a limited period. As long as renewal fees are paid every year, a UK patent has a life of 20 years. Patent rights make it illegal for anyone except the owner, or someone with the owner’s permission to make, use, import or sell the invention in the country where the patent was granted.
Patents generally cover products or processes that include “new” functional or technical aspects. They are related to how things work, production methods and materials content. However, taking out a patent might form just part of a wider IP plan.
Applying for a range of IP rights can help to strengthen a product’s position in the market and may even help to retain it, after the patent has run out. A registered design, for example, can protect a product’s appearance, while a registered trade mark can differentiate a product from its rivals.
Inventors must bear in mind that action cannot be taken against anyone, until a patent has been granted. If the invention has to be marketed quickly, to gain competitive advantage, the following forms of intellectual property may prove more suitable.
“Registered designs” is where you protect the appearance of all or part of a product while “registered trade marks” will protect a unique sign, mark or symbol, such as a word or logo, which distinguishes your product or service from others, and is registered with a Trade Marks office.
When it comes to patent marks, there is no legal requirement for a product to be marked, although the process could help deter other people from infringing your patent rights by accident.
The terms “patent pending” and “patent applied for” are sometimes used to indicate that a patent has been applied for. The purpose is to warn potential competitors that if your patent is granted and their product infringes its patent rights, you will have the right to stop them making, using or selling the product.
It can take up to four-and-a-half years to receive a patent. Part of the application process involves publishing the specification and making public the invention, before the patent is granted.
The IPO advises potential inventors to check whether their invention, or something similar, already exists. Trade and specialist magazines, sales brochures and journals, and website search engines are useful starting points.
Another tip from the IPO is that while your invention may have enormous potential, poor design could ruin its chances. If you are not skilled in design, employ a specialist designer. Make sure your invention meets any product or industrial standards.
If you apply too early, and then decide to make changes to your invention, it will not be possible to alter the original description. The only option would be to file a new application within a year, and keep the original filing date.
You may decide to endorse your patent “Licences of Right.” This means it will be available for the cost of a royalty payment for licensing.
The IPO’s processing cost for a UK patent application is usually around £200 while patent attorney fees can run into several thousand pounds. An application including several countries may cost tens of thousands of pounds. If a patent is granted, an annual renewal fee will apply.
A licence is a contractual agreement under which, while still owning your patent, you transfer to someone else the right to use or sell your patented product or process in return for a royalty payment.
There are several different types of licences. An “exclusive licence” has a single licensee who has the right to use the patent while with a “sole licence”, single licensee and the patent owner have the right to use the patent. Finally, a “non-exclusive license” is where several licensees have the right to use the patent.