Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Epiphonication via Creative Commons/Flickr

How to... patent an invention

Think you have a life-changing invention on your hands? First thing’s first: get a patent.

SO, YOU’VE JUST had a revolutionary idea that could change the world as we know it… where do you go from here?

Genius is no guarantee of success, so if you have good invention on your hands (and you don’t fancy others riding on your coattails) it’s essential to obtain a patent.

Do I need a patent?

Firstly, you need to figure out what kind of legal protection is appropriate for your idea.

If your idea is an invention you more than likely need a patent. An invention is a form of intellectual property – an area of law which covers two main areas, industrial property and copyright.

Patents for inventions chiefly fall under the category of industrial property, alongside Trade marks and industrial design. Meanwhile, other fruits of the mind – such as literature, music, art and film – are chiefly governed by copyright law.

What is a patent?

A patent gives the holder the right to exclude other people from “making, selling, importing or otherwise exploiting” an invention. As a form of industrial property, a patent can be assigned, transferred, licensed or used by the holder.

However, patents don’t last forever; there is a maximum time limit of 20 years for a patent in Ireland, or ten years for a “short-term” patent.

Some famous inventions from Ireland…

Colour photography
1 / 3
  • Colour photography

  • Submarines

  • Guided missiles

Applying for a patent

You doubtlessly believe that your idea will make money – but you had better make sure because obtaining a patent will cost you. Patent-owners must pay annual renewal fees from the third year and, as patents are territorial, you might could have to apply for multiple patents in separate jurisdictions.

However, a single application can be made through the international patent system, which covers 141 member states throughout the world, and the European Patent Office also allows patent rights to be obtained in states signed up to the European Patent Convention – saving you time and money.

When applying, you will have to specify whether you would like a full-term and short-term patent. There are a several differences between the two but the main distinction is based on an invention’s “novelty and non-obviousness”.

“Patent pending” is a term used to inform the public that an application has been made for an item. It is illegal to falsely label a product as patent pending.

What kind of thing can be patented?

An invention must involve an inventive step and be capable of industrial application in order to be eligible for a patent.

The Irish Patents Office outlines the requirements as such:

  • Novelty: an invention is considered “new” if it does not form part of the state of the art (everything made available to the public in any way, anywhere in the world, before the date of filing of the patent application)
  • Inventive step: if a step is not obvious to a person skilled in that area of technology, having regard to the state of the art, it is regarded as inventive
  • Industrial applicability: the invention must be capable of being made or used in some kind of industry

Can I apply for a patent by myself?

Anyone can apply for a patent – however, because the process can be technically complex, it is not recommend that inexperienced individuals do so.

Patents Agents can help to provide a full description of the invention, drawings, claims defining the item and a summary of its technical features.

For more information contact the Irish Patents Office or the Intellectual Property Unit at the Department of Jobs, Enterprise and Innovation.

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
15 Comments
    Install the app to use these features.
    Mute Patrick Moran
    Favourite Patrick Moran
    Report
    Jun 17th 2012, 9:17 AM

    God, I had no idea the submarine and guided missiles came out of Ireland. Not bad for a neutral nation !

    30
    Install the app to use these features.
    Mute Sheila Byrne
    Favourite Sheila Byrne
    Report
    Jun 17th 2012, 10:01 AM

    Do a ton of research before applying! Check on google for anything to do with your product/invention. Request copies of similar inventions, won’t cost much. Lot of reading, leg work and most certainly huge money. When the invention is actually ready to go it will and cost more to get it out there, marketing, etc. One has to keep at it. Not a job for laid back people!

    But, when one has done all of that and some time later you’re actually holding a prototype of your invention, the feeling is amazing. The excitement that one feels when it actually gets into stores and into children’s hands, for learning, one can just not match it to anything in this world. “Go for it”!

    15
    Install the app to use these features.
    Mute ponythegringo
    Favourite ponythegringo
    Report
    Jun 17th 2012, 10:11 AM

    One is grateful for your inspiring comment

    22
    Install the app to use these features.
    Mute connor graham
    Favourite connor graham
    Report
    Jun 17th 2012, 4:10 PM

    @ byrne Its all about profit not sentiment, sure you yourself stated that you had lost in ,your own words 1000s here on the journal with your invention , if you cant make any money from it why bother or is it just for the prestiege ?

    4
    See 1 more reply ▾
    Install the app to use these features.
    Mute Sheila Byrne
    Favourite Sheila Byrne
    Report
    Jun 17th 2012, 4:18 PM

    @ Graham

    It is very normal for most new companies to lose some kind of money in their first year. Obviously, it’s not and shouldn’t be all about passion! I am just very passionate about the distraught and sadness that young kids go through in their early years of school life. There is no need for it! So …. I am passionate about helping them so they do not go through what I and many other did and I am very passionate in getting my invention to as many children/adults as is possible, no matter what it takes!

    I would hope to be in the black this year! Thank you for the concern.

    1
    Install the app to use these features.
    Mute Sarah McCrann
    Favourite Sarah McCrann
    Report
    Jun 17th 2012, 9:56 AM

    One of the most important things to be aware of is that you must keep the invention secret until a patent application has been filed. If you make the invention public before you file, you will not be able to get patent protection.

    14
    Install the app to use these features.
    Mute Johnny Gobstock
    Favourite Johnny Gobstock
    Report
    Jun 17th 2012, 11:06 AM

    your best bet is to speak to people in china, india etc, speak to manufacturers, get your name out and network network network!

    3
    Install the app to use these features.
    Mute Willie Penwright
    Favourite Willie Penwright
    Report
    Jun 17th 2012, 10:14 AM

    So should I not tell anyone about the device I have invented to see moving pictures in a box?

    14
    Install the app to use these features.
    Mute Johnny Gobstock
    Favourite Johnny Gobstock
    Report
    Jun 17th 2012, 11:07 AM

    speak to the chinese, they’ll help you realise your dreams!

    7
    Install the app to use these features.
    Mute Peter
    Favourite Peter
    Report
    Jun 17th 2012, 9:25 AM

    We did not invent the submarine, types of them have being around since James I the turtle,not to mention confederate subs that were built.. We may have contributed to a technique but not the whole concept

    5
    Install the app to use these features.
    Mute Sean O Luanaigh
    Favourite Sean O Luanaigh
    Report
    Jun 17th 2012, 9:26 AM

    john p Holland was a massive innovator

    14
    Install the app to use these features.
    Mute Stuart Fox
    Favourite Stuart Fox
    Report
    Jun 18th 2012, 9:05 PM

    Louis Brennan invented a form of steerable torpedo (in 1874) rather than a missile as we understand the term and while interesting and well meaning, unfortunately the article includes further inexactitudes – sad when purportedly educating re such an important subject since errors and misunderstanding may lead to loss of patent rights.

    Prior to expending efforts or funds on patents, the first thing to do is ascertain if anyone has had a similar idea previously, patented or otherwise – a good / easiest start is by searching Patent Databases + products on the internet and catalogues etc.

    Unfortunately there isn’t an International Patent – YET – although an inventor may initiate an application by filing an International Patent Cooperation Treaty application via a member countries Patent / Intellectual Property Office (such as the Irish Patent Office – this rout may save money and buy time before taking the next step if applicable – seeking a patent in each of the 144 (rather than the 141 quoted) member countries where it is desired to obtain a patent.

    Some countries have a Grace Period whereby one may still validly lodge a patent application within a time limit after non confidentially disclosing an invention – not all grace periods are equal.

    Stuart Fox

    Inventors Association of Australia

    2
    Install the app to use these features.
    Mute Brian Hoban
    Favourite Brian Hoban
    Report
    Jan 31st 2014, 10:09 AM

    A headstone officially marking the final resting place Louis Brennan, Inventor extraordinaire (Born 1852 Castlebar, Mayo, Ireland – Died Switzerland 1932) is to be unveiled in St Mary’s Cemetery, Harrow Road, London.

    The ceremony will be performed by Irish Prime Minister Enda Kenny T.D, who will be accompanied by Mayor of Castlebar Cllr. Noreen Heston on Tuesday March 11th 2014. There will be a memorial service in the adjoining Oratory conducted by Monsignor Canon Thomas Egan the Chief Administrator, St Mary’s Cemetery .

    1
    Install the app to use these features.
    Mute Stephen Powers
    Favourite Stephen Powers
    Report
    Apr 18th 2013, 8:51 PM

    If you are looking for a U.S. Patent, Look no further. I would like to introduce myself and our Patent Law Group, Gulf Coast Intellectual Property Group. Our law group specializes in Patent law and can provide you with low-cost, high quality Patent applications. We offer free consultations and deliver Utility applications for $2700 and Design applications for $1400. This includes all Formal Drawings and USPTO Filing Fees. It never costs anything to talk to us so if you have a need for Intellectual Property protection I would be glad to speak with you.

    Kind regards,

    Stephen Powers
    Principal/Registered Patent Practitioner
    Gulf Coast Intellectual Property Group

    5450 Bruce B. Downs Suite 355
    Wesley Chapel, FL 33544
    Phone: 1-888-919-9328
    Fax: 888-822-7531
    http://www.gulfcoastip.com

    1
    Install the app to use these features.
    Mute Kalpana Ganesh
    Favourite Kalpana Ganesh
    Report
    Jun 18th 2012, 11:20 AM

    Informatics Outsourcing is an Offshore Intellectual Property Services company. They are providing Intellectual Property services for Bio Technology, Biochemistry, Drug Discovery, Chemistry, etc

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds