Patent Services

What is a Patent?

A patent is a monopoly right granted by a national or regional patent office to an inventor who has created something new, useful and non-obvious; e.g. an innovation in the pharmaceutical sector that results in a new headache pill or a new technology used in computer hardware.

Obtaining a patent to cover an invention or new technology enables its creator to prevent others from using, selling, manufacturing or otherwise copying the innovation without permission for a limited period (generally 20 years, subject to the payment of maintenance fees).

In return, the patent owner discloses details of the innovation behind the invention as part of the patent application, thereby ensuring that the technology enters into the public domain where it can be used freely once the patent expires.

What Patent is Not

Patents do not protect an ‘idea’; it is the tangible description or realisation of that idea (e.g. drawings, prototypes or records of the research) that allows an idea to become an invention that is capable of protection.

Only products or processes that contain or possess new functional or technical aspects can be patented. It can be an entirely new product, an enhancement to an existing product or a new or improved process.

Criteria of Patentability

An invention must fulfill certain criteria, including:

●
‘New’ — Does the invention already exist? It must not have been disclosed anywhere in the world before the application date.
●
Inventive Step — The innovation must not be obvious to someone with experience and knowledge of the subject matter.
●
Industrial Application — The invention must be capable of being used in a current technical application.

The Lifecycle

Steps to Obtaining a Patent

I

Is it Patentable?

Meet the standard of novelty and inventiveness. Your KellysIP consultant will undertake a patent search to identify conflicting applications or prior publications.

II

Drafting & Prosecution

Filing a written application with sufficient detail. Our team handles objections and oppositions at the patent office until the grant is approved.

III

Foreign Extension

Territorial rights vary by country. We help you extend your national rights into other territories subject to specific criteria and deadlines.

Territorial Rights & Monitoring

Patents are territorial rights; their grant and enforcement are governed by national laws. It’s not possible to register a ‘global’ patent right, but you can file a national right and extend it.

A patent provides the right to exclude others from using the invention. The emphasis is on the patent owner to monitor for misuse and enforce rights via infringement actions.

A patent is an item of property and may be sold, transferred, licensed, mortgaged, or abandoned just like any other property right.

Our Patent Services

Filing of new Patents / PCT Applications
Attending to Annuities
Portfolio Management
Takeover
Recordals (Assignment, Merger, Change of Name/Address)

For further information, please contact us or Email: info@kellys-ip.com.