3.1 Patents

Patents grant inventors exclusive rights to make, use or sell a new invention for a defined period, currently 20 years in the UK. Howkins argues that ‘patents are a straightforward example of ideas as property as they give a monopoly almost as robust as ownership of a physical thing’ (Howkins, 2013, p. 98).

The owner of a patent may consequently sell the patent or, indeed, authorise others to make, use or sell the invention in exchange for royalties or other compensation.

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Figure 4 Patent submission for the Fender Bass Guitar, 1960

For an invention to be patented it must generally satisfy three basic criteria:

  1. It must be novel (i.e. new and unexpected).

  2. There must be an element of inventiveness/invention in a way that is non-obvious and not just a modification of something that already exists.

  3. There must be practical impact and it must be capable of being used.

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Figure 5 The three criteria that must be met if a patent application is to succeed

3 Types of IP protection

What cannot be patented?