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patent advice

  • 13-10-2009 8:19pm
    #1
    Registered Users, Registered Users 2 Posts: 471 ✭✭


    Hi,can anyone tell me how easy/difficult it is to register a patent?

    I can't afford for someone to do this,is it possible to do without an agent?

    Many thanks:)


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    You're looking for legal advice?

    Well, its very easy but it does need to be approved. This http://www.patentsoffice.ie/ site will contain the detail you need.

    Remember though the test is that the patent must be something which is "state of the art" Section 9 of the relevant act, 1992 Act sets out aspects which are not patentable.

    Tom


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    You need to talk to a professional specialising in intellectual property, either an IP solcitor, or a patents/trademarks agent. Tom Youn has given link to patent office in ireland which would have details of patent agents.

    Patenting is expensive enough though, you need to patent in all the jurisdictions in the world you want protection in and need to translate detailed technical claims. You can apply to european patent office but still need to provide translations.

    You also have to be willing and able to engage in litigation in all the markets you seek protection in to uphold your patent and sue infringers.

    Also as Tom Young noted, your invention has to fit the statutory requirements of patentablitiy, most notably that it is "novel", that is not "obvious" to an "expert" with knowledge of the "state of the art" in the field in question. It also has to be subject to industrial application and not barred from patentability.

    Of use is the european patent office database
    http://ep.espacenet.com/

    which allows you to search for previous parents and see if someone has patented this already.


  • Closed Accounts Posts: 5,284 ✭✭✭pwd


    It costs €78k to patent something across every state in the EU.


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