Patents

When developing products involving technology, patents are important and should be reviewed continually.

Their roles are often misunderstood by development teams, often being seen only as a problem that is best left to external experts to handle. This view is dangerous in two ways. Firstly it ignores the tremendous help they can be and secondly the team has to be aware, in detail, of potential problems before the design approach is set.

"Patent" is derived from the Latin patere, to lie open. When a patent is granted, A deal is done with the inventor: "you can have a monopoly on this, provided you describe clearly how it is done". Consequently, patents are the single most complete resource of practical "how to do it" information. Now, consider that of all the patents ever graned, around two-thirds have now expired - so their knowledge is generally available for use.

Of course, care has to be exercised in relation to patents still in force. In the early stages of product development a set of relevent patents should be collated and reviewed. From this, a smaller number of key (or "gateway") patents will be identified that cover key aspects. Other patents will relate to improvements or adaptions of the basic ideas. If the patents are still in force, then the team has the choice of developing an alternative solution that avoids them or seeking licenses to them. In either case, it is best to know about the issues before development effort and time is wasted

Once the development reaches working prototype stage, the team should have a good idea of how they intend to implement the important/difficult parts of the system. These should be reviewed both for infringement and the possibility of protection. The latter is fundamental to the commercial success of many organisations, giving defence against competition and as a vehicle for license revenue. Choosing when to apply for patent protection is a delicate balance. Early application may be needed in fast-moving fields where competitiors may be working on similar applications. However, possible consequences are:

• Subsequent development produces key improvements that are more difficult to protect
• Costs of progressing the application arise earlier, before revenue is generated from any products
• The patent disclosure is published earlier, showing  competitors what you are developing

Ryan Research Ltd. does not have qualifications in the legalities of patents nor in the detailed drafting of applications. However we are experienced in:

• Research and review of patent specifications
• Interpretation of patents to assist development teams
• Identification of strategies to avoid infringement
• Identifying key inventions for possible patent protection
• Drafting patent briefings for patent agents