Patents

A patent is a legal right that protects an invention — a new product or process, and the way it works. It stops other people making, using or selling your invention without your permission.

What can be patented

Not every idea qualifies. To be granted a patent, an invention must:

• be new — nobody has made or published it before, so you cannot patent something that is already on sale;
• involve an inventive step — it must not be an obvious tweak to something that already exists;
• be capable of being made or used — it has to work in practice, not just be a theory on paper.

For example, a plug that switches itself off once a phone battery is full could be patented, because it is a new device that does a real job. By contrast, a short story cannot be patented — copyright protects the words you write, while a patent protects something that works.

Applying, paying and renewing

A patent is not automatic. You have to apply to a patent office and be granted the patent before you hold any rights at all. Applying is expensive, and it can take a long time while the office checks that your invention really is new. Once granted, the patent must be renewed, usually by paying a fee at intervals, or it lapses and stops protecting you.

The rights it gives, and what happens at the end

While the patent is in force, the owner has exclusive rights: they can stop others making, using or selling the invention, which lets them make money from it. They can also license the patent, letting another business use the invention for a fee, or sell the rights outright to someone else.

Protection does not last forever. Once the patent period ends, any business is free to copy the invention, because the details are published in the patent. That trade-off is what makes patents encourage innovation: an inventor gains a temporary advantage over competitors and a real chance to recover the money spent on research and development, so investing in new ideas is worthwhile.