A patent is a territorial right granted by a country’s government to cover inventions that are new, original (involve an inventive step) and capable of industrial application. Patents are monopoly rights that mean others cannot make, use, distribute or sell your invention in the country where the patent was granted without the owner’s consent. The owner can licence others to use the invention however under agreed terms. Provided the renewal fees are paid each year, patent rights last for up to 20 years in the UK.
Disclosure and Publication
In most countries it is necessary to keep your innovation confidential until after a patent application has been filed, as any premature public disclosure could result in your application failing. Public disclosure can mean both written and oral disclosures such as journal articles, online publishing, conference presentation or poster, at a lecture or in general conversation with people outside of your Trust – except where these disclosures were covered by an obligation of confidentiality. Prototypes already on view in a public area or in use by patients may also count as disclosure.