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Intellectual Property Protection - Patently a Good Idea

Aberdeen, although a relatively small city, has always been a hotbed of innovation. The MRI scanner, the self-seal envelope, and even water polo – first played in the freezing Dee – all originated in the city.

Since the arrival of the oil and gas industry, 40 years ago, independents working to break boundaries in the energy sector have flourished, too. But how can our inventors protect their boundary-breaking ideas and make sure the profits aren’t taken from under their noses?

Patents offer the ideal answer, providing the means for thousands of inventors to safeguard their hard work every year. Around 25,000 patents are filed in the UK annually, a fifth of which originate in Scotland. A patent essentially grants the right to stop the competition from copying your innovations for a limited period – up to 20 years – within each country you register in.

In order to be granted a patent, your invention must be new and have an ‘inventive step’ – something that makes it unique. Patents apply to new technologies, rather than abstract ideas such as scientific theories, or aesthetic ones such as colours or designs. A third of applications for patents actually make it through to being granted.

Protecting innovation is at the heart of our business. Bright ideas have been central to the development of Red Spider, and our Engineering Director, Mike Reid says the only way to guarantee protection for inventions is to patent them.

“A lot of our focus is on developing new, more cost-effective ways of solving problems,” he says. “Our success comes from the fact that the equipment we manufacture is brand new, and does new things in unique ways.

“We’re a small business, but our team has big ideas, so each initiative we decide to put our money towards is a serious investment, especially since so many of our products are aimed at niche markets. The only reason we can compete with the bigger companies is that those ideas are protected by intellectual property laws.”

Despite being a young company, Red Spider has already filed for patents on 12 products, including one of our most successful devices, the eRED (Electronic Remote Equalisation Device). Taken up by a host of major oil and gas companies, eRED has saved clients money, while boosting Red Spider’s own turnover. Patenting the device means this stream of revenue will be protected for years to come.

“Having a patent is the most important step in the creation of any product, because it guarantees future profits won’t be affected by competitors simply copying the technologies we’ve invested so much time and money in” says Mike. “It’s like taking out an insurance policy on your creation”.

“Patents also prevent companies from inadvertently re-inventing the wheel , and searching for a patent similar to your existing idea could save you time and money in the long run. With some 384,000 patents currently in force in the UK alone, it’s always the best course of action to get professional advice when checking.”

Once you’re sure you have come up with something new and unique, you can start down the path of patenting your product. “Employing a competent patent attorney is absolutely vital,” warns Mike. “Making a patent application can be a long, complicated and expensive process, so having an experienced attorney to guide you through the process will clear the path to getting your patent granted.”

With 1,750 patent attorneys registered in the UK, the support is there for businesses; the vast majority are registered with the Chartered Institute of Patent Attorneys (CIPA), making this an excellent place to start your search.

When filing for a patent, you will need to consider where you want protection which can depend on the market you are targeting. An agreement between most countries in the world allows you to file a patent application in one country and then extend this to other countries a year later. This has the advantages of reducing initial costs, offering the opportunity of having the patent searched and you can submit improvements to your design within the year, although this will incur additional costs.

While there is no such thing as a ‘world-wide patent’, you can file applications for groups of countries. For example, If you want to protect your product in more than one EU country, you can go through the European Patent Office (EPO); in recent years the number of patents filed at the UK-IPO has fallen through more and more businesses taking this approach. If you are looking globally, you can apply through the World Intellectual Property Organisation (WIPO), which will give you the opportunity to file your patent in around 100 countries around the world.

Aside from the title, no other information is made public about your invention until your application is published 18 months after filing the original application. A typical UK patent application takes approximately 4 years to be granted, though this can be accelerated if required.

Mike adds: “Once you have a patent, you then have to police it - nobody else will do it for you. You should get professional advice on how to go about this from your patent attorney.

Red Spider, spends nearly £150,000 on submitting and maintaining patents each year. The alternative, says Mike, is not an option. “Patents should be at the core of any innovative business’s measures to protect its intellectual property. Although it might seem an added expense, it’s far better to act now to protect your investments than face a big loss in the future.”

September 2009