Previously, we covered how patents provide temporary protection and market monopoly for businesses conducting research and development (R&D). Today, we’re delving deeper into the specifics of claiming intellectual property (IP) on your product, guiding you through the patent process to help you understand what might be the next best step in your business’s pursuit of innovation.

Breaking down intellectual property

Intellectual property can be defined by its four core categories. These are:

• Patents
• Trade marks
• Designs
• Copyright

With each boasting its own unique advantages and limitations depending on what aspect of innovation your R&D project is seeking, it pays to do your IP research at the start of your project. Which type of protection is best suited to you? Who will own the rights? Are you at risk of infringing existing IP?

Of course, it’s also important to question whether you need an intellectual liscense at all.

Businesses can be quick to rush into filing IP protection, but it’s key to remember that this protection is only temporary. Once your monopoly window has expired, your findings will be accessible in the public domain.

On a similar note, one of the cardinal sins of research and development is failing to do an intellectual property check early enough (if at all!). Nobody wants to plough valuable time and resource into developing an idea, only to find it isn’t possible without infringing on existing patents. As we laid out in this blog post , always ensure your idea is new and undisclosed in the public domain before pursuing a patent application.

It’s also key to understand that not all intellectual property claims carry financial value. Not all patents are equal, as some protect unique inventions whereas others protect amendments to existing inventions. This means different levels of exclusivity and exploitation are granted, ultimately creating a situation where not all patents are financially profitable without infringing on other patents. Ensure you’ve weighed up the financial value of a potential patent against the time, money and resource you invest into it with this in mind.

Finally, be sure you fully comprehend how intellectual property is legally enforced before you file any request. When it comes to patents, the Intellectual Property Office (IPO) won’t legally enforce your patent in cases of infringement. This means that the responsibility to undertake and fund the necessary legal action lies with you, making it of paramount importance that you have the money and resources available to legally enforce your patent before filing a request.

How to file a patent request

So, you’ve decided a patent is the best course of action to help exploit your R&D project. What next?

Well, the first factor to bear in mind is that you must fill out your patent application before the invention is even disclosed, ensuring total secrecy through confidentiality agreements where appropriate. And when we say total secrecy, we mean total secrecy! This means ensuring your invention isn’t made public in any form; be it by telling people, demonstrations, ads, news features - you name it!

It’s important to note that the cost of a business obtaining a patent licence is not covered within the scope of R&D tax relief. That’s not to say other tax relief isn’t available for patents, but they often qualify under alternative tax provisions.

The legalities and technicalities of patents can get complicated. To ensure your contractual agreements are airtight, we recommend consulting a patent attorney where possible. Not only will they assist in ensuring you receive the broadest protection, but they’ll also help you create an informed protection strategy, both nationally and overseas.

Adopt the mantra of ‘sooner rather than later’ when looking to file a patent request. Filing serves as a ‘flag in the ground’ for your patentability, with any works published after the submission date not permissible in assessing the eligibility of your request.

As a general rule, your patent application will include:

• A written description (providing detail on your application as to how it works and how it could be made)
• Drawings (illustrate your description)
• An abstract (summarising the key technical aspects of your invention)
• Legal claims (an accurate legal statement defining your invention by its distinctive technical features)

Extra considerations

An extra consideration when filing a patent on your R&D project is collaboration. Given the innovative nature of research and development, solutions commonly require collaboration - often in the form of utilising the skills, facilities and materials of other parties.

Should you be planning to recruit the assistance of any UK universities during your research and development, there’s a specific agreement in place to cover the ownership and financial complications of commercial partners. You can read more about Lambert agreements here.

In the world of R&D, patents can pay dividends. If you’re struggling to understand whether patents are the best option for the protection of your R&D, get in touch with Lumo today. We’re always happy to advise on anything you may need.