A patent protects the concept behind an idea or invention for a limited period, usually up to 20 years.  Patents allow the owner of the patent to stop others making and selling their invention but do not provide an automatic right to exploit the invention.

Given that a patent is a territorial right, it is necessary to file patent applications in each country of interest (typically the countries which will be the major markets for a product).  The cost of filing national patent applications varies significantly from country to country, with translation costs representing a significant factor in non English-speaking countries.  However, where foreign patent filings are required in several countries, it is worth considering filing an International patent (PCT) application* or a regional application such as a European patent application**.

Prosecution costs for pursing a patent application to grant are difficult to estimate since they depend on the territory in question, the subject-matter of the invention, and the nature of the objections raised by the relevant Patent Office.  However, it should be noted that the cost of prosecuting a patent application is likely to be spread out over several years, especially where an International patent is filed.

We have considerable experience in drafting and prosecuting patent applications for both direct clients and overseas associates.  We also advise on patent validity and patent infringement.  Furthermore, with in-house computer search facilities we can provide immediate responses to queries regarding patent name and number searches, and quick responses on subject-matter searches.

For further advice on patents please contact us: patents@maguires.co.uk

*Please note that an International application will never result in an International patent. Instead, at the end of the International phase, the application must be split into national or regional applications covering the countries of interest.

** Please note that a European patent takes the form of a bundle of separate national patents in each of the selected countries.