Patents

Patents protect function.

Patents protect products whose function is new and novel.

Patents can provide protection for a particular method of putting a concept into practice. The benefit here is, regardless of what a competitor's article looks like, it will infringe a patent if it operates by the patented method.

If the function of a new product is important, or more important than how the product looks, then a patent is worth considering.

In contrast copyright (and design registration) protect the appearance, rather than the function, of a new product. These may be worth considering if the appearance of the article is important.

Patents provide a monopoly, which averages 20 years for most countries.

The protection offered by a patent is determined by its patent claims.

Before a patent is granted, and can be enforced through the law, it must first be examined and prosecuted (any examination objections dealt with) to acceptance. On acceptance it may be advertised to determine if any parties are opposed to the grant of a patent. After the advertisement period, the patent application will proceed to grant if unopposed.

Patents can be sold (assigned) or licensed.

The subject matter of a patent must be new and novel. For many countries this means a patent application must be filed before the invention is sold, advertised, used publicly, or otherwise publicly disclosed.

For those wishing to obtain overseas protection, most countries allow (or require) you to file in your home country first. Any foreign or international patent applications you file within 12 months of your first application will be entitled to the filing date of your first application. This means you don't have to file in every country immediately - you have up to 12 months to sort out your overseas filings. If you file an international PCT application within 12 months of your original patent application, then the period for filing in individual countries overseas can be extended by up to a further 18-19 months in many cases (actual date varies between countries).