FAQs
How do you get a patent?
You have to apply to the Intellectual Property Office for a patent for your idea. This can take time, can get very expensive and requires expert advice for it to be done properly. MidTECH helps Trusts with this process and calls upon expert patent attorneys where needed.
So I can patent any idea I have, then?
No you can’t. Each invention is reviewed on a case by case basis and sometimes a patent will not be granted. One main reason for this would be that someone else has described the idea before. Scientific or mathematical discoveries are not allowed to be patented and, important to MidTECH’s work, a medical treatment or a diagnosis is forbidden from being granted a patent.
What is a patent?
A patent is a form of legal protection covering inventions. You can file a patent to protect how things work, how they are made and what they do. Once you have a patent for an idea other parties cannot make, do or use your idea without your permission.
Do I have to get trade mark protection for my product name or symbol?
No you don’t but it makes protection much easier. If you don’t register your mark then you need to rely on other forms of legal protection if a competitor were to brand themselves in a very similar way to you. This can prove very complicated and expensive. Registering a trade mark, on the other hand, is actually relatively cheap and simple and something MidTECH can assist with.
What examples are there of trade marks?
Many common product or service names are trade marks. “Coca Cola®”, “Apple®” and “Mcdonalds®” are some of the most common (note the “®” showing they are registered marks) . All of these examples have logos or images associated with them and they form part of the trade mark too. As these have been registered with the Intellectual Property Office you cannot use these symbols and words when selling similar products or services.
What is a trade mark?
This is a sign or a symbol that allows your services or your products to be identified as yours and not your competitor’s. You can apply for a trademark which will protect your sign or symbol from anyone else using it without your permission.
If I invent something, the idea belongs to me doesn’t it?
Not necessarily. The law states that if your idea is made during the course of your normal duties then it is not yours, it is owned by your employer. Any idea not related to your job is, however, owned by you.
What if I had the idea at home and worked on it in my own time?
Legally speaking, it makes no difference. If the idea relates to your normal duties, it is still owned by your employer.
So if I don’t own the idea, what’s in it for me?
In accordance with Department of Health guidelines, many Trusts have an intellectual property policy that allows for an employee who invents a new product to receive a share of any money the Trust makes from its commercialisation.
Exploiting new ideas, even the simplest of devices, is an expensive and risky business with no guarantee of success. If the idea is owned by the Trust, MidTECH can provide expertise and resources to progress the project at no personal cost or risk to you. We cannot do this for ideas owned by individuals, even if they are NHS employees.
You will also have the satisfaction of seeing your idea realised, for the benefit of you, your Trust, the NHS and its patients.
What should I be aware of before telling someone about my idea?
Be careful who you disclose your idea to. Telling other people, even friends or colleagues, may limit the Trust’s options. Disclosing the idea or its potential could mean that any intellectual property associated with it will not be able to be protected.
What about showing my idea in presentations or poster displays at conferences or meetings?
This constitutes disclosure and you shouldn’t do this unless you know the intellectual property has been protected.
A company is interested in my idea but I know it hasn’t been protected yet, what do I do?
You can still talk to the company, but you will need to get them to sign a Non- Disclosure Agreement (NDA). We can help you with this.
What should I do if I am unsure about whether I should disclose my idea?
Contact us first. We will advise whether your idea can be protected and can help you to do this.
What is the difference between a patent and design protection?
Design protection deals with the outward appearance of a product – its shape, texture, contours etc. A patent covers how the product works – what it does and how it does it, amongst other things.
How do I protect my design?
Designs are automatically protected by un-registered design rights, which are free and last for up to 15 years. However, to protect a design’s individual character, you need to apply for a registered design. This has an associated cost, but lasts for up to 25 years and affords you greater protection than an un-registered design.
What does design protection allow me to do?
As with all intellectual property, designs can be treated like normal property. You can sell, loan and license designs to third parties and the law protects you from their theft.
How do I know whether I should register my design?
Contact us and we will advise you on what kind of protection your invention requires.
What is protected by copyright?
Any teaching material, flyers, handouts, patient information leaflets, computer programs, DVD’s and videos you produce are protected by copyright.
Do I need to register copyright?
No. Copyright protection is automatic in the UK, so you don’t need to register, fill in forms or pay any fees.
How should I word the copyright statement?
You don’t have to have a copyright statement on your material for it to be protected, but it is recommended. This should have the © symbol, the year and the rightful owner, ie the legal entity who owns the copyright.
Somebody is using my material without my permission – what should I do?
Contact us and we’ll help you with the wording of a letter to send to them.
