TAPPING INTO YOUR IDEAS– HOW YOU CAN PROFIT FROM PATENTS

It is said that ‘necessity is the mother of invention’. Plumbers know this because in their day-to-day work they often need to find their own solution to a problem in order to get the job done. Although some improvements have a limited application beyond the job at hand, others may have the potential to be commercialised and become valuable business assets. In this article, Adrian Evans and Frank Callus of Henry Hughes Patent and Trade Mark Attorneys look at how you can obtain patent protection for your valuable innovations.

The difficulty of mixing hot water at low pressure and cold water at high pressure is a problem frequently confronted by plumbers in New Zealand. Finding a solution to this problem led New Zealand company Methven to develop a new mixing unit (see Figure 1) that effectively uses the high pressure cold water to ‘suck’ extra hot water and provide better and more controllable mixing.

Methven was granted patents for this invention in New Zealand, Australia and the United Kingdom, providing protection for its design concept and ensuring it was not copied or exploited by other companies in the business of plumbing.

Patents are just one form of intellectual property – a system that rewards a person’s creativity by giving them rights over their creation. Patents protect the concept underlying an invention, such as the way in which a new irrigation system works. Registered designs, on the other hand, protect the new appearance of a product; copyright protects an original work from being copied; and trade marks protect a brand of goods or services.

Too expensive?

Many businesses never seriously consider protecting their intellectual property because of the perceived cost and effort. However, the patent process is simple and consists of a number of steps. The cost of each step only needs to be met if it makes sense to continue.

The first step is to file a provisional application with the Intellectual Property Office describing the invention. You will then have 12 months to file a complete application which describes the invention, including any improvements, and claims the features you want to protect. During this 12 month period you can investigate demand for the invention and, if necessary,obtain finance or funding to continue to the next stage in New Zealand or overseas.

It is definitely worth considering filing for patents outside New Zealand to protect your inventions overseas. Fortunately, New Zealand is a member of the Patent Cooperation Treaty (PCT) which enables patent applications to be filed in up to 139 countries from a single application and allows applicants tochoose in which countries to file applications until 30 months (or in some countries 31 months) after the initial New Zealand filing. Alternatively, you can sell or license the patent application to a third party.

What is patentable?

A patent can be granted for a product – such as a handle for a tap – or a method such as dispensation of soapy water from a wash station. However, for the patent to be valid, the invention must be new and non-obvious compared with what was publicly known on the application filing date. Internet search engines can be useful in determining whether an invention may be new. Google even has its own search engine for searching United States patents (www.google.com/patents).

If an internet search does not reveal anything similar to your invention, the next step is to consult a patent attorney about protecting your idea.

Keep it confidential

After a ‘eureka’ moment, many inventors naturally want to tell people about their great idea. However, this can be dangerous.

First, if the idea enters the public domain before an application is filed this can destroy the novelty of the invention and invalidate the patent. Secondly, the person you tell your idea to may attempt to patent the invention themselves and it can be difficult to prove that you were the true and first inventor. If possible, you should keep your invention confidential until after a patent application has been filed. If disclosure beforehand is necessary, the recipient of the information should sign a confidentiality agreement requiring them to keep the invention confidential.

Next big idea

Inventors think of their ideas at almost any time (for example, see Figure 2). The next time you have a great idea, whether while using the plumbing or while fixing it, make sure that you give some thought to protecting your idea with a patent. Advice from a registered patent attorney can ensure that you obtain the broadest possible protection.

By Frank Callus and Adrian Evans. This article appeared in Plumber's Journal, April/May 2009.