Patents
What is a patent?
A patent is a monopoly right, lasting for 20 years, granted by the Government (The UK Patent Office), for the exclusive use of an invention. Patents are enforceable by law and prevent others making, using or selling the invention, without the express permission of the owner. A patent is viewed as ‘property' which, like any other business commodity, may be bought, sold, hired out or licensed.
Patent rights
Patent rights are given in return for disclosing an invention to the public in a written document. The patent specification describes the invention and how it can be carried into effect. It includes a series of "claims" which define the protection given by the patent. Patent rights are not enforced automatically: it is the responsibility of the proprietor to ensure their rights are not being infringed by others. Patent rights are territorial: a UK patent will only provide the proprietor with rights within the UK; foreign patent applications can be filed to protect inventions outside of the UK.
To qualify for patent protection, inventions must fulfil the following conditions:
- Novelty - the invention must not have been made publicly available (ie. in writing, orally, by demonstration or used in public) prior to the date of initially filing the patent application at the Patent Office (priority date).
- Involve an inventive step - this is assessed in terms of 'obviousness', ie. it would not be obvious to someone with experience and good knowledge of the subject.
- Have industrial application - A patentable invention must be capable of being made or used in some kind of industry; it must have 'utility'.
The following are not patentable under UK Patent law:
- discoveries
- scientific theories or mathematical models
- aesthetic creations e.g. literary, dramatic or artistic work;
- schemes or methods for performing a mental act, playing a game or doing business
- the presentation of information or a computer program
- new animal or plant varieties
- methods of treatment of the human or animal body by surgery or therapy
- methods of diagnosis
How long does a patent last?
Patent rights can last for up to 20 years from the date the application was initially filed. Patent office renewal fees must be paid annually in order to maintain the patent.
Patent agents/attorneys
A patent agent advises on how to obtain a patent; and prepares the specification and claims which define the rights being sought. The University currently uses the services of a number of different firms of patent agents with offices in Bristol.
How are patents protected outside the UK?
There is currently no provision for a European or worldwide patent. There are mechanisms to ease the application for national patents in a number of different countries [The Patent Co-operation Treaty (PCT) & The European Patent Convention (EPC)], but these still involve ultimately filing for patent protection separately in each different country.
Patent searching
The specifications of granted patents and published applications are an excellent source of technical information. Many databases can be accessed free via the internet; databases can be searched by keyword, inventor and owner. Further information on patent searching ...
Costs
RED manages the University's patent budget. Filing a UK patent application costs between £3,000 - £6,000 but international patent protection costs many thousands of pounds.
If you think that you may have made a patentable invention:
- do not disclose the invention to anyone outside the University
- contact our Technology Transfer team to discuss patent protection
Overview of the patent process (PDF, 14.5 Kb)
Patents and publication
Keeping a laboratory notebook
Note: some of the documents on this page are in PDF format. In order to view a PDF you will need Adobe Acrobat Reader 