Patent protection is vital for inventions to succeed

Innovations will help to grow the economy, but inventors should seek national and international safeguards to protect their work…

Innovations will help to grow the economy, but inventors should seek national and international safeguards to protect their work, writes John Downes

You wouldn't be sitting on the chair you are in if someone hadn't invented it or refined someone else's version of it.

Sir David McMurtry is one such person, an Irish-born, UK-based inventor with a background working with Rolls Royce. He has filed over 150 patents - used to ensure an inventor has exclusive rights over his/her invention - and is well-placed to provide advice on inventing.

McMurtry's inventions are based on the work of his company, the Renishaw Group. It focuses on automated metrology, the business of providing international-standard measurements.

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McMurtry says not every invention uses completely new materials and ideas, and he estimates that about 90 per cent of inventions apply techniques or technologies used elsewhere. The key is taking known ideas and combining them in a unique pattern, he says.

"Whenever I look at something, I always wonder how can I do it better," he says. "You should never take anything for granted and always question things to see if you can do it better."

The development of an innovation-led society is regarded as an important factor in driving future growth of the Irish economy, and McMurtry believes invention-based businesses will thrive here.

He also stresses that the quality of such a company's employees will be a key factor.

"We have some very good Irish engineers in Ireland and the UK, but I would like to see a lot more of them," he explains. It's a sentiment shared by John Lawlor, head of the school of manufacturing engineering in the Dublin Institute of Technology - whose new metrology laboratory McMurtry's company sponsors.

He believes that Irish inventors are very good at manipulating other people's technology, but that we have to catch up when it comes to filing patents - a key indicator of the degree of innovation in the economy.

While 300 patents per million people are filed in the USA every year, he says only 33 patents per million are filed in Ireland.

"Innovation will be a crucial part of the knowledge economy," he believes. "If the investment in manufacturing is going to lower cost economies, we have to create wealth by bringing forward new products."

So how do you file patents and, if you have a great idea, should you patent it straight away to stop other people claiming it as their own?

Well, not necessarily, advises John Moran of the Patents Office.

Firstly, you should search international databases to ensure that your "invention" doesn't already exist elsewhere. A preliminary search can be done through the Patents Office's website - www.patentsoffice.ie.

"You patent an invention rather than an idea," he adds. "So if someone has an idea, they need to turn it into an invention."

The next step is to consult a patent agent, who specialises in drawing up patents and who can do a detailed search to make sure that you are not patenting something which has already been the subject of a patent application.

He stresses the importance of not revealing your planned patent to third partys before applying for it, as without a patent's protection, they could claim your plans as their own.

There are generally two types of patents - short-term (10 years) and long-term (20 years) - but unlike trademarks, which apply to a sign used by a trader to distinguish it from its competitors, the monopoly on a patent runs out once these periods expire, Moran says. Consequently, he says many companies and inventors use a mix of approaches, including trademarking, patenting and copyrighting - which applies to the written word - to maintain exclusivity over their products.

"You should look for as much protection as possible," he says.

However, filing in Ireland will only give you a 12-month "breathing space" before you need to decide whether to file for the same patent elsewhere.

While European agreements involving about 30 countries exist, patenting an invention in Ireland does not automatically mean it is protected in other jurisdictions. Therefore, he says, it is a good idea to patent an invention in as many countries as you think you might end up marketing it in.

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