A patent is a legal right granted to a creator, allowing them to exclude others from making, using, or selling their creation for a set period.

To be eligible for patent protection, such as being novel, non-obvious, and useful.

Benefits of obtaining a patent include exclusive rights to use and exploit the creation, legal protection and recognition for the invention, a competitive advantage in the marketplace, potential revenue and licensing opportunities, and increased brand recognition and reputation.

The patent application process involves:

• filing a detailed description of the creation,
• undergoing an examination to determine its eligibility for patent protection, and
• paying applicable fees.
• The process can take several years to complete.

Costs can vary depending on factors such as the complexity of the creation, the scope of patent protection sought, and the fees charged by the relevant patent office. Generally, costs can range from a few thousand to tens of thousands of euro.

European Patent Attorneys are highly specialised professionals who possess technical qualifications and hold degrees in Engineering or Science disciplines and have expertise in patent-specific legal texts such as the European Patent Convention and the Patent Cooperation Treaty. These professionals are uniquely positioned to provide tailored guidance and support to clients seeking to protect their inventions and designs. Unlike other legal professionals, European Patent Attorneys focus solely on patent law and practice, enabling them to provide unparalleled expertise and support to clients.

The patent owner can take legal action to enforce their patent rights by filing a lawsuit for patent infringement and seeking monetary damages or an injunction to stop the infringing activity.

Yes, patents can be filed in multiple countries or regions, either individually or as part of an international patent application.

Risks include:

• lost revenue and market share,
• difficulty attracting investment or funding, and
• the possibility of losing your competitive advantage in the marketplace.

Yes, patents can be licensed or sold to others for a fee, providing a potential revenue stream for the patent owner.

No. Your patent application will be published 18 months after the initial filing date.

The first step in the process of obtaining patent protection is to file an application for a patent at the Intellectual Property Office containing a description, claims, abstract and optionally drawings. The application is examined by the IP Office first for formalities and then substantively. It may be necessary for the scope of the claims to be amended in light of prior art uncovered by the IP Office Examiner and of which you were not aware of prefiling. The application is published 18 months from filing and subsequently proceeds to grant once all objections raised by the Examiner have been addressed.

Obtaining a patent is a process involving a series of stages. It is not a simple, once-off, step of registering with the patent office.

No. A patent can only be granted to the inventor of an invention or to a party who has derived the rights from the inventor. Furthermore, patents can only be granted for new devices or methods. For an invention to be new, it must not have been disclosed to the public prior to the date of filing a patent application. Since the gadget was on sale in Australia, it is no longer new, and cannot be patented in Ireland.

Patents are available for technical developments which are new, non-obvious and industrially applicable. Provided that your new method and machine have not been disclosed publicly in any way, and provided that the developments address and overcome a technical problem associated with the prior-known technology, then both the method and machine are patentable.