What is a patent?

  • Right to exclude others from making, using or selling your invention.
  • Not an approval or permission to practice invention yourself.
  • Right of exclusivity limited by:
    • Patent term (20 years)
    • Jurisdiction

Why File a Patent?

  • Keep invention exclusive (offensive)
  • Prevent others from patenting (defensive)
  • Business asset
  • Unit of IP that can be sold or licensed
  • Marketing

When Should You Not File a Patent?

  • Not patentable
  • Or better protected by other methods
  • Low commercial value
  • Technical field progressing too quickly
  • E.g. ICT – technology may be obsolete by time patent issues