Patents

A: A patent is a legal right that protects a new and inventive technical solution to a problem. It gives you the exclusive ability to stop others from making, using, or selling your invention without your permission for up to twenty years. Patents are particularly valuable tools because they can create barriers to entry for competitors, attract investors, and significantly increase the valuation of your company.

A: To qualify for patent protection, an invention must be novel, involve an inventive step, and be capable of industrial application. This means it should solve a problem in a non-obvious way and have a practical use. Most products, processes, systems, or improvements to existing technology can be patented if they meet these requirements. However, abstract ideas, business methods, computer programs as such, and artistic creations cannot be patented. Our attorneys can help you assess whether your invention meets the legal criteria before you incur the costs of the patenting process .

A: The time from filing an initial patent application to receiving a granted patent can vary. In the UK, it typically takes between three and five years, depending on the complexity of the invention and the workload of the patent office. Accelerated procedures can shorten this timeframe. During the process, your application will undergo examination to ensure it meets the legal requirements, mainly that it is new, non-obvious and susceptible of industrial application. We guide clients through every stage to ensure smooth progression and timely grant.

A: Yes. While patents are territorial, there are international systems that simplify global protection. You can file separate national applications, submit a single international application under the Patent Cooperation Treaty (PCT), which allows you to seek protection in multiple countries at once, use regional routes such as the European Patent Office (EPO), or combinations of approaches. We help clients build coordinated filing strategies that balance coverage with cost and above all align with their commercial objectives.

A: Publicly disclosing an invention before filing a patent application can be fatal to its patentability. Once details are made public through a presentation, website, publication, or even informal discussions, the invention might no longer be considered new. To preserve your rights, it is crucial to file a patent application before any public disclosure or to ensure confidentiality agreements are in place with potential partners or investors prior to speaking with them.

A: A patent landscape is a detailed analysis of existing patents within a specific field of technology. It helps businesses understand who is active in a given space, what technologies are emerging, and where opportunities or risks may lie. By mapping out competitor activity, you can make informed R&D decisions, avoid infringement, and identify white space for innovation. Patent landscapes are also valuable for investors assessing the strength of a company’s technology portfolio.

A: Freedom-to-operate, known commonly as FTO, is the ability to do something without infringing another party’s IP rights, such as a patent owned by another party. It is important to remember that being granted a patent does not in itself entitle you to make use of your invention. Instead, a patent permits you to stop other parties from making use of it. For example, where an invention relates to improvements of an existing system, it is common for multiple patents stretching back in time to overlap to some degree. The key message is that being granted a patent does not in any respect guarantee FTO.

A: An FTO or patent clearance opinion is an assessment of whether your product or process is likely to infringe any existing patents. Before launching a new technology, we recommend conducting a search to identify potential risks from other parties’ IP. Our team analyses relevant patents and provides practical advice on how to avoid infringement, such as modifying your design, obtaining licences, or challenging blocking patents. This proactive step can save substantial costs and avoid disputes later. It is worth noting that FTO searching is, by necessity, an incomplete art; it is impossible to guarantee that all possible relevant third party rights have been found and reviewed.

A: Yes. A granted patent gives you the right to take legal action against unauthorised use of your invention. Enforcement options include negotiation, licensing, mediation, or litigation, depending on your commercial aims and the severity of the infringement. We work with clients to select the most effective strategy for enforcing their rights while minimising cost and disruption to their business.

A: A European patent opposition allows you to challenge a patent granted to someone else by the European Patent Office. This can be a powerful tool if a competitor’s patent restricts your business activity or appears invalid. By filing an opposition within nine months of grant, you can ask the EPO to revoke or amend the patent. We have an excellent record representing both opponents, knocking out troublesome competitor patents, and patent owners, maintaining their key patent rights, in these proceedings, helping businesses protect their interests strategically.

A: It’s a common misconception that a patent only has value if you can personally afford to defend it. In reality, a patent does much more than provide legal protection, it creates a tangible asset that signals innovation, ownership, and commercial potential. Even if you never bring an infringement case yourself, holding a patent strengthens your company’s credibility, increases its valuation, and can make you a more attractive partner or acquisition target.

Investors and acquirers often look for businesses with well-documented and protected intellectual property because it reduces risk and provides a foundation for future growth. When your company is acquired, the buyer typically assumes responsibility for enforcing and defending the patents, so the protection you establish now becomes part of what they are purchasing. Therefore filing a patent isn’t just about immediate enforcement, but is about positioning your innovation as an investable asset for the future.