Many lone inventors ask this question during an initial consultation with us. What should they do first? File a patent application or develop a prototype? There is sometimes no definitive answer to the question as there can be arguments in favour of both. However, there are two main factors to consider that will often provide…
For an update please see Part 2 With the increasing importance of the internet in commerce trademark law is having to catch up with new ways of advertising, in particular Google Adwords. The ongoing Interflora v Marks & Spencer case looks as though it might have a serious impact on using trademarks as Adwords. There…
When first encountering the world of intellectual property; patents, trademarks and designs, often one of the first question asked is “have you done a search?” What do we mean by “a search” and is it undertaken simply to jump through the hoops of the patenting or registration process? Fundamentally any intellectual property rights are a…
There seem to be obstacles placed in the way of obtaining a patent for software in Europe and especially in the UK. Is this so? First, let us look at the legal position. Legal Background The UK Patents Act 1977 section 1.(2) excludes from being an invention for the purposes of the Act in section…
