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U.K. Laws on Patents
- U.K. patents protect inventions within the country. Their reach is not international.documents image by AGITA LEIMANE from Fotolia.com
A patent is a legal document used to protect inventions, how they work and how they are made. Patents exist in the United Kingdom so the patent holder can prevent others from producing, using, trading or selling his product without his permission. - For a product to be patented, it must be new, have an "inventive step" that is understandable to someone who does not have specialized experience in the field and must be able to be produced or utilized in industry. It cannot be a mathematical or scientific discovery; a work of writing, music or art; a method for doing business or taking part in competition; an animal or plant, or a form of medical treatment. If your product fits the criteria, you should apply for a patent through the U.K. Intellectual Property Office (UKIPO, formerly the Patent Office).
- It is free to file a patent with the UKIPO. However, the processing of the patent can cost between GBP £230 and £280. The patent holder is also required to pay renewal fees every year after the first five years and through the 20th year. A list of fees can be found on the UKIPO web site.
- A patented product only has protection under civil law, which means that whenever a patent is broken, the patent holder must sue for compensation through the civil courts. This means, for example, that a small-time inventor could have trouble suing an international company in court. There was debate in the United Kingdom in 2009, as reported on the BBC News website, about making the unapproved use of a patent illegal, much like the laws surrounding copyright.
- United Kingdom patents only provide intellectual property protection within the U.K. Before taking steps to patent your product abroad, as well as in the U.K., consider whether you are planning to sell your product abroad either now or in the future, and whether you want to license your product abroad. If you plan to do both, you may consider extending your patent beyond the U.K. or applying to the patent offices of specific countries.
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