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.

Figure 4 Patent submission for the Fender Bass Guitar, 1960

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The image shows the patent submission for the Fender Bass Guitar. Three images are shown: a front-on image of the guitar with the strings, tuning pegs and fret board visible, a profile image and an image of the back of the guitar with only the body visible. At the bottom of the image there is text outlining the details of the application, including key references.

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.

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

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Three interlinked open circles contain the words (from top to bottom): Novel; Non-obvious and inventive; Practical impact.

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