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How do you patent an idea?

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espresso | 16:22 Thu 09th Jul 2009 | Law
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I have an idea that i would like to protect/patent how do I do this?
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oooh, tell me all about it and I'll tell you how to patent!! ;-0
Question Author
Ha ha - if it works you may well be using it one day!
I remember hearing that if you send yourself a recorded delivery letter but do NOT open it (obviously containing the idea) that gives some protection as it will be dated.

Shelby lol
Patent Office?

Is it a good idea? Post it on here and get some informed opinions.
That's an urban myth albaqwerty. You need to contact the Patent Office.
Will you be going on dragons den?
Question Author
Patent office it is then..
Nope, not a Dragons Den type thing..if it happens, I'll let you know...
Probably already available..but I did google it and got nothing... so , i may yet be able to give up the day job ;o)
For a successful patent, your design must have/be:
- state of the art. This means no public disclosure AT ALL except for the purposes of testing with companies under confidentiality agreements.
- novel. This means beyond what is already available on the relevant markets. This must not be an obvious step forward in the area, as judged by the reasonable man skilled in the art. This reasonable man also speaks all languages.
- the item must not be reverse engineer-able. That is, someone who comes along mustn't be able to deduce how it works by working backwards from the finished product. If they could, your patent would be pointless as someone could simply engineer it a different way.
-there is an argument for a social utility function.
I remember a case whereby a designer of a infra red based cat flap was denied a patent because of a drawing in The Beano that showed a cat wearing a transmitter.
I am presuming you are based in England or Wales.
There is no guarantee that the patent will make you money. There is/was a patent for a cat flap in a nuclear bomb (I'm not joking). The man seemed a bit nutty; he claimed his cat Ginger spoke to him. And no, I don't know why all my random patent stories involve cat flaps :-)
A patent gives you a 25 year monopoly right over the production/licensing right for the patented item for 25 years- unless it's a drug that requires governmental approval, in which case an extra 5 years grace may be applied for.
Hope this helps; any other questions, just ask!
p.s: albaqwerty, you're thinking of proving copyright. It's not as such an urban myth, but it's hardly ever used as the courts don't pay great attention to such 'evidence' and claims of direct copyright theft are actually relatively rare.

Also espresso- if your design is a technical design, it may be protectable through Registered Design law or the Unregistered Design right. Further, if you have drawings, depending on their industrial nature, they may be protected as artistic works under copyright (unless s51/52 apply). I won't expand on this further unless you say so though as it gets quite technical...
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Thank you very much, useful to know. That's fine for now so thank you again.

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