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Patents
 

Are there any other factors when considering whether I can patent my invention?

There are many considerations and it is always best to seek professional advice. First of all, your invention must be "new" i.e. different from existing designs, processes etc. Secondly, your invention must satisfy the requirement of "inventive step", that is to say that it must not be obvious to a person of ordinary skill working within your particular industry. The question of whether your invention is obvious is a complex issue and advice should always be sought from a professional. Additionally, your invention must not be disclosed to anyone before you have filed your application and been issued a filing date by the Patent Office.

 

Failure to keep your invention secret prior to filing your patent application could well result in your patent not being granted or render it ineffective even if it is granted.

When should I file my patent application?

You must file your application before there has been any non-confidential disclosure of the invention and certainly before you intend to exploit it commercially. If you are not in a position to exploit your invention commercially then it is advisable to file your application before approaches are made to any person or company.