Between 2020-2021, patent applications to the UK’s Intellectual Property Office (IPO) decreased by 8.7%, whereas design applications increased by 129.4%. This tells us that even if you find that no patents have been filed for your product idea, somebody may already own the rights to its design. If so, contact us. We can research, develop and innovate solutions to protect your intellectual property and add a fresh perspective to keep your product’s development moving forward.

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What’s the difference between a patent and a registered design?

In a nutshell, patents protect the technical aspects of a product or process, whereas a registered design protects non-technical features of a product’s appearance. It’s important to note that in the USA, registered designs are called ‘design patents‘, so when doing your patent search, use both terms for more comprehensive search results.

Additional distinctions to bear in mind include:

• In the UK and Europe, ‘registered design’ protects aesthetic designs.
• This can also be referred to as a ‘community registered design’ (CRD) or ‘community design registration’ (CDR)
• In the UK and Europe, the term ‘patent’ is only used for technical inventions.
• A US design patent cannot protect some features, such as colour, which are protectable by an EU or a UK registered design.
• The term of protection for a design patent is 15 years, with no renewal fees required, whereas the maximum protection period for an EU/UK registered design is 25 years and requires renewal every five years.

How to do a patent search in 5 steps

Step 1: Determine the type of patent search you need

There are two main types of patent searches: a preliminary patent search and a comprehensive patent search.

A preliminary search is a quick search you can do independently to verify if your idea has already been patented. In the UK, you can use the IPO’s online patent information and document inspection service (Ipsum), Espacenet and the European Patent Register for free access to over 70 million patent documents worldwide and the World Intellectual Property Organisation (WIPO) database.

A comprehensive search is more thorough and typically requires the help of a patent attorney or professional. A preliminary search is a good first step if you’re starting out.

Step 2: Use a patent search database

There are many online databases that you can use to search for patents. In addition to the ones listed above, popular options include Google Patents and the United States Patent and Trademark Office (USPTO). These databases allow you to search by keyword, inventor, or patent number.

Espacenet is a handy resource for conducting patent searches. It’s maintained by the European Patent Office, includes patents worldwide, and allows you to search by keyword, inventor, patent number, and other criteria to find patents similar to your idea. It also offers advanced search options that allow you to refine your search results by date, classification, and other factors.

Step 3: Narrow your search criteria

When searching for patents, it’s essential to be specific with your keywords and other search criteria. Use unique terms to describe your idea and include relevant details, such as the field or industry your idea pertains to, its intended use, and related products or technologies. Espacenet’s advanced search feature allows you to specify search criteria such as inventor, publication date, and classification code.

Step 4: Review the search results

Once you have entered your search criteria, the database will provide a list of patents that match your search. Review these patents to see if any are similar to your idea. Pay attention to the patent claims, which describe the scope of protection the patent owner is claiming. Espacenet provides access to the full text of patents and patent applications, which can help understand the claims and determine if your idea is similar to the patented invention.

Step 5: Consult with a patent attorney

If you find a patent similar to your idea, it’s best to consult a patent attorney to determine if your idea is original and can be patented. A patent attorney can also help you navigate the patent application process and how to protect your intellectual property best.

For UK small businesses, start-ups or entrepreneurs who might not have the budget for legal consultations, the Chartered Institute of Patent Attorneys (CIPA) is an excellent place to start. Their IP Pro Bono Scheme offers free 30-minute consultations for legal advice or intellectual property support.

A final thought on patents

It’s important to remember that while conducting a patent search using online patent databases like Espacenet is a helpful first step, it may not provide a complete picture of the patent landscape. Online patent databases only show patents that have been granted, and they may not give a comprehensive analysis of whether your idea is novel and non-obvious enough to be patented.

In addition, securing a patent is lengthy and costly – as is the legal process of protecting it if infringed. This is where the expertise of a patent attorney and free consultation is invaluable: Is your idea one that can be patented? Could it be better protected with a sufficient number of well-drawn rights? Is a patent necessary if you have the proper brand protection, a superbly designed product that addresses unmet needs, and the advantage of being the first mover/entrant into an emerging market space?

Regardless of your decision, ensure you have a non-disclosure agreement (NDA) before taking this conversation further. Download our free NDA template here and customise it to suit your needs to ensure that all the preliminary discussions regarding your ideas are protected and confidential.