(Rough estimate of time line as of 11 April 2023)
What is a Patent?
A patent is a right that is granted for any device, substance, method or process that is new, inventive, and useful.
A patent is legally enforceable and gives you (the owner), exclusive rights to commercially exploit the invention for the life of the patent.
Before you apply, consider or discuss with us:
- The benefits of a patent
- If a patent is the right choice?
- What can be patented?
You have to apply for a patent and meet all legal requirements before it is granted.
The Steps Involved in Creating a Patent
First and foremost, discussions about potential patents to co-workers, friends and even family are not recommended. Sandercock & Cowie believe that discretion and confidentiality are the only way to ensure that your idea is secured. That being said, the following guide is a step-by-step process of how to secure your patent and have it successfully registered.
- Search databases, sales brochures and magazines to ensure your invention or idea is original.
- Decide whether you want to take out a provisional application first (recommended) then make a decision between filing a standard, innovation or international application.
- Your invention will be checked and published, then depending on if you applied for either an innovation or standard patent, they will be examined first then published, or published before examination respectively.
- An Examination is mandatory before a standard patent can be granted and must be requested by the applicant. For either a standard or innovation patent must be examined before it is deemed enforceable.
- Acceptance and grant of an innovation or standard patent will then occur only if it has satisfied the formality requirements. It is then published as such in the official journal. Note you will be expected to pay annual fees for a number of years after it is processed.