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		<title>Patents</title>
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							<p>Patents grant <glossary content="The person who discovers or originates an idea that, through research and development, becomes a patentable 'invention'. Legal definitions of these terms vary from country to country. Before you assume that you have 'invented' an idea that might be patentable, you should check with your intellectual property office/officer.">inventors</glossary> the right to own and control the use of their inventions. They can be valuable property, but are also subject to ownership disputes. It is, therefore, important to carefully follow all the relevant rules when applying for a patent, to avoid mistakes that could invalidate your claim to discovery.</p>
							<p>If there is any chance that your research could lead to a patentable invention, your best source of advice is probably your institution's research office/officer. At many universities, reporting inventions is a requirement, not an option, for reasons that will be discussed on the "Ownership of intellectual property" screen. Exploring and pursuing patent options is complex and expensive, and should always be done under the supervision of legal experts, who are often provided by or available at your institution.</p>
							
							<h3>Qualifying for a patent</h3>
							
							<p>For an idea or discovery to qualify for a patent, it must meet the specific criteria of the country or region that will grant the patent. Generally, the following three factors are important.</p>
							
							<instructional-text><p>Click on each tab for more information on the characteristics required for something to qualify for a patent.</p></instructional-text>
							<accessible-text><p>Continue on for more information on the characteristics required for something to qualify for a patent.</p></accessible-text>
							
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									<tab-heading><p>New/novel</p></tab-heading>
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										<p>New or novel use means there has been no prior disclosure of the invention for which patent protection is being sought. Prior disclosure could be any of the following:</p>
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											<li>A description of the invention in a publication</li>
											<li>Discussion of the invention in a public setting</li>
											<li>A description of the invention in a previously filed patent application (or in a patent that has already been issued).</li>
										</ul>
										<p>The need to protect novelty is essential if you are to file a successful patent application. Researchers who are serious about patenting should be very careful when discussing their invention in public until an application has been filed. This can feel counter-intuitive to researchers, who are generally encouraged to share and collaborate, but it is nonetheless often the case that publishing an idea, or even sharing it at a conference, can be enough to invalidate a patent application.</p>
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									<tab-heading><p>Useful</p></tab-heading>
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										<p>To qualify for a patent, inventions must be useful (i.e. they must have some sort of practical application).</p>
										<p>For some inventions, usefulness is easy to identify and explain. For others, meeting the usefulness requirement can be more difficult. New medicines or medical procedures are obviously useful. Basic discoveries, such as the chemical makeup of complex molecules, might be useful but the discovery cannot be patented until a reasonable use is proposed. Similarly, a use must be determined for computer code and mathematical algorithms before they can be patented. </p>
										<p>In the realm of the biomedical sciences, the usefulness of drugs and medical devices is not known until they have been tested in clinical trials. Nonetheless, it is important to apply for patent protection for these inventions before they are widely tested. In cases such as this, involving someone with detailed knowledge of the patent process is essential.</p>
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									<tab-heading><p>Involve an inventive step that is not obvious to others</p></tab-heading>
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										<p>Patents are granted to inventors who invent or discover a new:</p>
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											<li>Process</li>
											<li>Machine</li>
											<li>Manufactured article</li>
											<li>Composition of matter.</li>
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										<p>The invention generally involves a process or steps that an ordinary person would not have imagined.</p>
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							<p>If you feel that a product of your research could meet these criteria, seeking intellectual property protection through a patent application is the next step. You should contact your institution's research office to discuss possible patents at the earliest opportunity, even if you have not undertaken the research that could lead to the patent.</p>
							
							<h3>Filing for a patent</h3>
							
							<p>If you plan to take this step, there are four additional points you must keep in mind.</p>
							
							<instructional-text><p>Click on each step in turn for an overview of the process that should be followed when filing for a patent. <span class="hide-in-mobile">Once you click on a step, the next step will become available to click on.</span></p></instructional-text>
							<accessible-text><p>Continue on for an overview of the process that should be followed when filing for a patent.</p></accessible-text>
							
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								<h3 class="central-heading">Filing for a patent</h3>
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									<h4>Know when to file</h4>
									<p>Patents can be granted to either:</p>
									<ul>
										<li><strong>First to invent (FTI):</strong> Under FTI, the person who was the first to invent is given priority, even if someone else applied for the patent earlier</li>
										<li><strong>First to file (FTF):</strong> Under FTF, the person who applies for the patent first is given priority, even if someone else developed the invention earlier.</li>
									</ul>
									<p>If you are anxious to seek patent protection for your intellectual property, you should not sit on your ideas: contact your research office as soon as you recognise that you have an invention. However, before you file, get advice on timing, since in some cases it pays to delay patenting for as long as possible in order to extend the life of the patent.</p>
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									<h4>Understand that patents have limits</h4>
									<p>Patent rights are generally limited to about 20 years and are often specific to certain geographic areas (US, Europe, China, etc.), depending on the type of patent applied for. They do not last as long as copyright. It is a good idea to keep this in mind as you make your long-term research plans.</p>
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									<h4>Check to see who owns your patentable intellectual property</h4>
									<p>If your research is funded or in any way supported by companies, charities or even your university, there is a good chance that they will want to claim some level of ownership as well. It is, therefore, important to consider who else may need to be included or consulted in the patenting process.</p>
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									<h4>Document your patent application</h4>
									<p>Your application must be based on valid and documented research findings. This is particularly important if someone challenges your application. As long as you follow the advice given in the module on keeping a research record and storing your data, you should be well prepared to apply for a patent.</p>
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									<h4>Maintenance and cost</h4>
									<p>Although it is initially quite cheap to file a patent, there are significant financial costs associated with seeking legal advice and ensuring the subsequent maintenance of the patent. You need to ensure you have a way of meeting these ongoing costs before making the decision to file.</p>
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									<acc-title>Know when to file</acc-title>
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										<p>Patents can be granted to either:</p>
										<ul>
											<li><strong>First to invent (FTI):</strong> Under FTI, the person who was the first to invent is given priority, even if someone else applied for the patent earlier</li>
											<li><strong>First to file (FTF):</strong> Under FTF, the person who applies for the patent first is given priority, even if someone else developed the invention earlier.</li>
										</ul>
										<p>If you are anxious to seek patent protection for your intellectual property, you should not sit on your ideas: contact your research office as soon as you recognise that you have an invention. However, before you file, get advice on timing, since in some cases it pays to delay patenting for as long as possible in order to extend the life of the patent.</p>
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									<acc-title>Understand that patents have limits</acc-title>
									<acc-contents><p>Patent rights are generally limited to about 20 years and are often specific to certain geographic areas (US, Europe, China, etc.), depending on the type of patent applied for. They do not last as long as copyright. It is a good idea to keep this in mind as you make your long-term research plans.</p></acc-contents>
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									<acc-title>Check to see who owns your patentable intellectual property</acc-title>
									<acc-contents><p>If your research is funded or in any way supported by companies, charities or even your university, there is a good chance that they will want to claim some level of ownership as well. It is, therefore, important to consider who else may need to be included or consulted in the patenting process.</p></acc-contents>
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									<acc-title>Document your patent application</acc-title>
									<acc-contents><p>Your application must be based on valid and documented research findings. This is particularly important if someone challenges your application. As long as you follow the advice given in the module on keeping a research record and storing your data, you should be well prepared to apply for a patent.</p></acc-contents>
								</acc-item>
								<acc-item>
									<acc-title>Maintenance and cost</acc-title>
									<acc-contents><p>Although it is initially quite cheap to file a patent, there are significant financial costs associated with seeking legal advice and ensuring the subsequent maintenance of the patent. You need to ensure you have a way of meeting these ongoing costs before making the decision to file.</p></acc-contents>
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								<h4>Step 1: Know when to file</h4>
								<p>Patents can be granted to either:</p>
								<ul>
									<li><strong>First to invent (FTI):</strong> Under FTI, the person who was the first to invent is given priority, even if someone else applied for the patent earlier</li>
									<li><strong>First to file (FTF):</strong> Under FTF, the person who applies for the patent first is given priority, even if someone else developed the invention earlier.</li>
								</ul>
								<p>If you are anxious to seek patent protection for your intellectual property, you should not sit on your ideas: contact your research office as soon as you recognise that you have an invention. However, before you file, get advice on timing, since in some cases it pays to delay patenting for as long as possible in order to extend the life of the patent.</p>
								<hr>
								<h4>Step 2: Understand that patents have limits</h4>
								<p>Patent rights are generally limited to about 20 years and are often specific to certain geographic areas (US, Europe, China, etc.), depending on the type of patent applied for. They do not last as long as copyright. It is a good idea to keep this in mind as you make your long-term research plans.</p>
								<hr>
								<h4>Step 3: Check to see who owns your patentable intellectual property</h4>
								<p>If your research is funded or in any way supported by companies, charities or even your university, there is a good chance that they will want to claim some level of ownership as well. It is, therefore, important to consider who else may need to be included or consulted in the patenting process.</p>
								<hr>
								<h4>Step 4: Document your patent application</h4>
								<p>Your application must be based on valid and documented research findings. This is particularly important if someone challenges your application. As long as you follow the advice given in the module on keeping a research record and storing your data, you should be well prepared to apply for a patent.</p>
								<hr>
								<h4>Step 5: Maintenance and cost</h4>
								<p>Although it is initially quite cheap to file a patent, there are significant financial costs associated with seeking legal advice and ensuring the subsequent maintenance of the patent. You need to ensure you have a way of meeting these ongoing costs before making the decision to file.</p>
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							<p>Applying for a patent will take time, but this time will be well rewarded if your patent does turn out to be useful.</p>
							
							<h3>Summary</h3>
							
							<p>The majority of academic research can be copyrighted but not patented. It is, however, helpful to be aware of patents because, if relevant, the benefits can be significant. As the patenting process is complex and can be very expensive, the best advice is to seek help from your institution's intellectual property office (or officer) at the earliest point that you think a patent might be an option.</p>
							
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