Deciding whether to file a patent application depends on the invention and the opportunity
Deciding whether to file a patent application depends on the invention and the opportunity
...the invention must involve an inventive step and be non-obvious to someone with a good knowledge of the area; and industrially applicable.
Only some research results are patentable or worth patenting. However, assessing the patent-ability and commercial opportunity for your invention is worth considering because a granted patent, like any other form of property or business asset, can be licensed (leased) or assigned (sold) and doing so may improve the impact your research has on the world.
What is patentable?
For a patent application to succeed, your idea must be: novel – it must not have been made public in any way (‘prior art’) before the patent application is filed; inventive – the invention must involve an inventive step and be non-obvious to someone with a good knowledge of the area; and industrially applicable.
How can I tell?
Reviewing scientific publications, patent applications and granted patents can help to determine whether your invention fulfils the first two requirements for patent-ability. Published patent applications and granted patents may be searched using websites such as the UK Intellectual Property Office (www.ipo.gov.uk); please visit www.enterprise.cam.ac.uk for a list of other websites.
What isn’t patentable?
Scientific or mathematical discoveries, theories or methods; literary, dramatic or artistic works; ways of performing mental acts, playing games or doing business; presentation of information and some computer programs; animal or plant varieties; and methods of medically treating human or animal bodies.
What about software?
Software may be patentable if it can be shown to involve some form of technical effect. Even if it can’t be patented, software is protected by copyright after its creation.
Can I patent and publish?
Yes, you can do both if your patent application is filed prior to publication.
We can help!
In addition to the above, patenting decisions also need to take account of the University’s current intellectual property policy (downloadable from :www.enterprise.cam.ac.uk).
If you are an employee of the University, Cambridge Enterprise Ltd is happy to assess the patentability and commercial opportunities for your invention.
For more information, please contact Cambridge Enterprise Ltd (email:enquiries@enterprise.cam.ac.uk; Tel: +44 (0)1223 760339; www.enterprise.cam.ac.uk)
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