"A SOUND PATENT STRATEGY IS ESSENTIAL FOR ANY BUSINESS SEEKING TO CREATE AND MAINTAIN AN INNOVATION-BASED COMPETITIVE EDGE"  

A granted patent provides its owner with a legal monopoly which can be used to stop competitors from making unauthorised use of the invention as defined in the claims of the patent specification.  In return for the opportunity to secure a monopoly, the patentee must make a full disclosure of the invention in the patent specification, which is then published typically around 18 months after an initial patent application was filed.

Patents are business assets that may constitute a substantial component of the value of innovative businesses.  Patents may be sold outright, or may be licensed so as to secure an on-going royalty stream. Further, patents are typically highly valued by potential investors.  In some circumstances, owning a broad ranging patent portfolio may provide strategic negotiating leverage in the event that a competitor alleges that your activities infringe their patent rights.
 

PATENT APPPLICATION PROCESS


Provisional Application

The patent application process typically commences with a provisional application, which establishes a date known as the priority date.  It is important to ensure that the invention is maintained in confidence, and not commercialised, until at least the priority date, otherwise patent rights may be invalidated.  (For a limited number of jurisdictions, it may still be possible to seek valid patent protection even if the invention was disclosed before the priority date, provided action is taken within set time frames.  In such circumstances, it is important to ensure that you discuss this issue in detail with your ADAMS PLUCK patent attorney.)
 


Searching

Prior to filing a provisional application, it is desirable to undertake searches to ascertain the novelty (i.e. the “newness”) of the invention.  The outcome of such a search, whilst not definitive, will nevertheless provide a useful basis for planning subsequent application strategies and appropriate levels of investment in the patent application. We are happy to discuss the available searching options with you.
 

Complete Application

Within 12 months from the filing of a provisional application, it is necessary to file one or more complete applications.  The type of action taken at this stage will depend upon the countries in which you wish to seek patent protection.  For example, if you only wish to seek patent protection in a relatively small number of countries, we would typically recommend the filing of national applications in the countries of interest.  On the other hand, if you wish to keep your options open in a larger number of countries, a Patent Cooperation Treaty (PCT) application may be the most appropriate way to proceed.  A "PCT" application reserves your right to subsequently file national applications in over 130 countries and effectively buys you another 18 month period before a final decision on which countries to pursue patent protection in must be made.  For a full list of the countries covered by a PCT application, please refer to the List of PCT Countries.

Once national applications have been filed in the countries of interest, they are typically separately prosecuted before each of the relevant Patent Offices.  ADAMS PLUCK liaises with a network of foreign Patent Attorneys during this phase of the patent application procedure.  The national applications are typically examined by the various Patent Offices and, assuming all objections that may arise (if any) are successfully overcome, the national patents proceed to grant.
 

Renewal Fees

Most, if not all, countries around the word levy renewal fees that must be paid in order to maintain a pending patent application / granted patent in force. ADAMS PLUCK has an established in-house renewals department which takes care of the maintenance of renewal records and attends to payment of these fees on behalf of our clients.