If you have a brilliant idea and you want to turn it into a business, how do you protect your idea? How do you stop someone from stealing it and making money off your hard work? The answer is to apply for a patent. You can apply for one yourself, but the process is complicated and the consequences of getting it wrong could be disastrous. For more information about patents and how to go about getting one, see this article.
How do you get a patent?
A patent is a right granted by a government to a person for a new invention. In the United Kingdom, a patent is a grant of right to the inventor, issued by the U.K.Patent and Trademark Office, for using his new invention in commerce. Patents exclude others from using the same idea, or claiming the same invention, for a limited time.
Here's a quick illustration. Let's say you want to invest in real estate.
A simple search online reveals hundreds of real estate listings, all claiming the same property: a two-story brick house with a white picket fence and two bedrooms upstairs.
If anyone publishes a listing or publishes content about a claimed property — provided it complies with U.K. copyright laws — then they can use the property's protected name in the title. (As you may know, a detail like a brick house with white picket fence has a very particular property detail. You won’t find these anywhere else.)
For example, here are twenty U.K. copyright holders who own the copyright for some aspect of the term “whisk_(trad.)”
The real estate listing business is a surprisingly competitive industry; people are constantly trying to outpace one another, with claims for properties that span continents, counties, and cities.
Over time, people have come up with elaborate business structures to get around the legal limitations of the copyright on the term “whisk_(trad.)” Likely some of these structures involve using “Whisky Plaza” as the title of twenty different properties.
If we examine the individual claims for these copyright holders below, we see us that there are opportunities to own the rights to a claim, even beyond the rights granted to the original inventor. In other words, the individual guys and companies listed are not the only ones with copyright on their claims, they are not the only ones who can control the title and use the words in the listing to promote their properties.
What are the steps in the process for getting a patent?
There are six steps in the process for getting a patent: 1) Do research to make sure your idea hasn’t been patented already. 2) Draft a patent application with the help of a patent attorney. 3) File a patent application with the UKIPO. 4) Wait for a response from the UKIPO.5) Submit your original application for a patent to the UKIPO. 6) Finally, receive a “show cause” letter from the UKIPO if the patent application is rejected. This answer will determine how quickly you can get your idea patented. After researching, honing, inspiration, and having a creative conversation with more than one patent attorney, I find that nine out of 10 times, the attorneys assume the idea has already been patented, preventing a quick settlement. (it may be worth hiring an attorney to help actually file the application because you can have him or her handle all the paperwork for you.) #1 Patents VS. Copyrights If you’re thinking about filing a copyright or patent infringement lawsuit, know that it’s likely to bog down if the infringement involves something like news reporting. For example, let's say you’re reporting the fact that there are almost seven billion gold coins buried in the Grand Canyon—you could certainly argue that you’ve discovered it through your research and your investigative journalism. But when people visit the Grand Canyon, they won’t see a lot of coins because Grand Canyon tours only take one to a few people at a time. If infringement is proven, the infringer could have to pay lots of money to cover the news organization’s legal fees, lose its Southern District of Arizona license, and potentially be threatened with a U.K. grand jury investigation. On the other hand, lawsuits against patent infringers don't have nearly the risk attached to them. Nonetheless, I think it’s safe to say that filing such a lawsuit isn’t worth the loss of your intellectual property and reputation. If you decide to file a lawsuit against another person, your chances of winning are only if the profits from the infringing conduct exceed the harm done.
How much will it cost?
When you are thinking of patenting, it is easy to think that any cost is worth it to get the rights. However, there are several costs involved in obtaining a patent. They include:
- preparation and filing fees
- fees for maintaining your application in force
- pre-grant publication fee
- registration and maintenance fees for patents
- examination fee.
- any translation costs.
The total cost can be more than $20,000 and take more than three years to complete the process of getting a patent. So you might want to check on your local laws on how much you will have to pay in your country.
What if someone steals my idea to make money off of it themselves?
There are two ways you can look at this. First, you can look at it from a realistic perspective, which means you’ll probably be concerned about someone coming in and copying your idea.Second, you can look at it from a vague perspective, like “cool,” which means you’ll be reviewing the process while indulging in a drink.
You’re looking at it from a new perspective, and because you’ve done so, the odds of you using the process yourself are pretty darn good.
2. What is a legal definition of “fair use”? Using a copyrighted work in another context is technically “fair use” under U.K. copyright laws. Now, here’s where it gets interesting. Copy is not necessarily the same thing as derivative. There’s a whole “meh” gray area within the rules of copyright that requires publishers to carefully navigate and interpret to prevent infringement.
So, make sure you understand how fair use is defined at the federal level, and who gets to define it for you.
3. What is "fair use" again? Because “fair use” is a confusing legal term, I still want to use a concrete example: copyright law states that you can use a copyrighted work, such as a song, for parody. As long as you don’t infringe the author’s original work, you are allowed to parody it. You can only parody someone if you do the following:
Make the same thing or part of it.
Make a stronger version of (or the same idea) as the original.
Have due regard for the rights of the author(s).
It also states that you cannot make money from your parody. Most people seem to think that just because you can use a copyright work for parody, you can make money from your parody. This is not the case. As long as you’re quoting the source material accurately, your goal is to inform and entertain, NOT sell.
Can I apply for a patent online or does it have to be done through an attorney?
No, you can't apply for a patent online. You can certainly file a provisional patent online, but a non-provisional patent will have to be filed through a patent attorney. If you're looking to file a provisional patent, you can check out Google Patents.If you want to build a search engine or keep up with your international counterparts, I strongly recommend reading Frank Leah's Search Engine Development Bible (book).
On a much more simplistic level, a patent basically says "this idea has been around before. Produce another, more-exotic version." Patents are expensive to produce and maintain. The vast majority of applicants get rejected, sometimes unfairly. The U.K. Patent and Trademark Office publishes a annual report known as the GRAN Report, which contains a long list of rejected patent applications and provides some guidance on what to do next.
The technical skill necessary to understand and defend your non-conventional ideas is often unfairly treated as a status symbol. Many successful people, including SEO entrepreneurs, spend years independently researching, building, and defending ideas, only to find that they lack the necessary knowledge to push their non-conventional ideas into a mainstream market. For readers who are interested in non-conventional ideas, you should read Adam Hartung's article on MEC based on the IdeasValley conference.
Why a patent application should get you banned from Google
Patents are costly, and no one really likes paying for technology. Many site owners fear that if they ever post content that infringes on someone else's copyright, they could end up in a lawsuit because they know their website isn't immune from cyber-squatting (see I-CANN-approved trademark disputes). ISOs and MRCAs attempt to address this fear by including an "MCA W-9 statement" in their trademark filings. Trademark holders who "knowingly or recklessly infringe the claimed goods or services without a valid trademark right, in trade or commerce..." (Patent Application Document Center, 2009) should avoid registering their website with the U.K. Patent and Trademark Office.
You cannot trademark a non-traditional idea. This is true in the U.K.
Thank you for reading this article. I hope you will get some infromative information. If you want to know more about how to patent an idea then don't forget to check it out
