Sir, - The very interesting article on patents, (The Irish Times, March 23rd) highlights many aspects of this compelling subject. There are just a couple of points that need clarification lest your readers draw some incorrect conclusions.
Once Mr Rubik had disclosed his novel "Coloured Brick Puzzle" to the public it was impossible for anyone else to patent it, as the article suggests. A valid patent can only be obtained before there is public disclosure of an invention.
The article suggests that "most people go to patent agents for help filling out the forms". However, it is not the "form" that is important in securing protection. The protection is established by a patent specification - a legal/technical document which ultimately defines the monopoly given to the inventor. The expertise provided by a patent attorney is to ensure that the specification provides the widest possible monopoly consistent with validity.
Some years ago a case in the UK was appealed as far as the House of Lords over the word "vertical" in a patent specification. Could it mean 23 off the vertical? After considerable analysis, it was decided that "vertical" could mean "substantially vertical"!
It is also worth adding that once a patent is filed the inventor can disclose his invention virtually world-wide during the following 12 months. Before those months expire, the patent can be filed in any number of countries and enjoy the initial filing date. Therefore, at modest cost, the commercial viability can be assessed before further investment is required. - Yours, etc., Philip A. Coyle, European Patent Attorney, F.R. Kelly & Co.,
Clyde Road, Dublin 4.