Invention glossary

Invention by Graham Barker and Peter Bissell

Claims - The elements of a patent that define the scope of an invention. In a bid to maximise their monopoly, patent applicants claim novelty for each aspect of their invention. Examiners may disallow some or all claims, affecting the strength (and value) of any eventual patent.

Confidentiality (or non-disclosure) agreement - A cheap and simple means of binding others to secrecy while an invention gestates. Highly recommended, but getting signatures isn't always easy.

Disclosure - Letting others learn about an idea before it's adequately protected. A major risk - unless covered by a confidentiality agreement (see above), disclosure can make patenting impossible.

Infringement - Making, using or selling/disposing of a patented product or process without the patentee's consent. This may lead to long and costly court actions.

Innovation - The first appearance or use of a particular practice. Wider in meaning than - and therefore not synonymous with - invention. Suffers somewhat from excessive use.

Intellectual property rights (IPR) - Legal rights which make an invention a form of protectable and transactable property. Includes copyright, design right, registered design, trade mark, patent, know-how (see other definitions).

Invention - An entirely novel, previously unknown means of achieving some practical purpose. Needs to pass a recognised test of novelty, such as patent examination.

Inventive step - An element of an idea that is non-obvious, not covered by prior art (qv) and thus capable of generating IPR (qv) with commercial potential. One element of patentability (qv).

Invention brokers/promoters - Companies - often based outside the UK - which charge fees to help inventions to market. By no means all of these offer a worthwhile service.

Know-how - 'Secret' knowledge - for example the recipe for Coca-Cola - that can help or hinder exploitation of an invention and may thus be valuable IP.

Licensing agreement - Allows a licensee - usually a company - to use an inventor's IP within defined limits of time, territory etc. Can take many months to thrash out. See also 'royalties'.

Non-disclosure agreement - see Confidentiality agreement.

Novelty (or originality) - Another element of patentability (qv). An invention - if it is to be called that - must have (a) novelty to generate IPR and (b) an inventive step for commercial prospects.

Obviousness - The claimed inventive step is trivial and would not be deemed significant by someone 'skilled in the art' (an expert in that field).

Patent Office - Agency responsible for all IP rights - not just patents - in the UK. Not an enforcing body though; policing IPR is the owner's responsibility.

Patentability - To be patentable an invention must meet three criteria: it must have novelty (qv), an inventive step (qv) and be capable of industrial application.

Prior art - Any recorded evidence whatsoever that an inventive step is already known. An extremely hard test of novelty that all inventions must pass.

Priority date - Officially registered date of first application for a patent or other IPR (different in USA.) In the event of dispute, can be crucial in determining who invented first.

Private (or lone) inventor - An individual acting, for the purposes of his or her invention, alone and unaccountable to an employer, company, university or other organisation.

Royalties - The income from a licensing agreement (qv), usually a small percentage of the product's selling price. For most inventors the preferred way of profiting from an invention.

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