Patents

Have you created an invention that you want to protect as your own? At MacLachlan & Donaldson we can advise you on whether your creation is suitable for patent protection and help and guide you through the entire process. We can also help existing patent holders protect their rights from infringement.

Our experienced team of attorneys can prepare, file, and prosecute patent applications in Ireland & the UK, the European Union, and internationally. Beyond that we also offer advice on the validity of patents as well as infringement issues.

Our attorneys have experience working with patents across a wide range of disciplines including:

Our services include:

  • Drafting the specifications of a patent, as well as preparing any accompanying formal drawings

  • Preparing, filing and prosecuting patent applications both nationally and internationally.

  • Pre application research into, and advice regarding any potential conflicts with existing patents or pending.

  • Advising clients on patent litigation such as opposition, infringement, and revocation proceedings.

  • Advising on patent enforcement.

  • Validation of European patents in Ireland, the UK, and elsewhere.

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Supplementary Protection Certificates

This is an additional form of protection for medicinal and plant protection products beyond a general patent.

We can help prepare and file applications for a supplementary protection certificate, as well as provide advice on potential litigation such as invalidity proceedings.

Technology transfer and licensing

This is an important area, where we can help you by:

  • Investigating the existence and scope of patent protection

  • Advising on technology transfer agreements

  • Liaising with solicitors and accountants involved with technology transfers

  • Advising on patent licensing, including preparing and enforcing licences.

More information:

A patent is a legal protection granting someone exclusive rights to an invention or innovation. It blocks others from exploiting your invention for the duration of the patent, which is usually 20 years.

A patent may be obtained for an invention that is new, is not obvious and has industrial applicability. Though most technical inventions can be patented, certain types of inventions are excluded from this protection.

The golden rule is to never publicly disclose your invention before making a patent application, as it could be impossible to get a patent if it’s no longer deemed ‘new’.

Patents can only be granted on a country-by-country basis, and there is no such thing as a ‘worldwide patent’. However the golden rule stays the same anywhere in the world.

How to Apply: In order to get a patent you have to file a patent application at the Patents Office of every country where you are seeking protection.

This application must be accompanied by a technical specification document, with drawings where appropriate. This should describe the invention in detail, and the scope of the protection sought.

With these highly technical tasks in mind it is advisable to consult a patent agent before making an application. At MacLachlan & Donaldson we can prepare a strategy that maximises your chances of receiving a patent, and ensures the best protection for your invention.

When a patent application is filed in Ireland or the UK, or any country which is party to the Paris Convention, applicants benefit from the ‘priority date’ rule if seeking a patent in multiple countries.

The ‘priority date’ benefit means that the date when the patent application was first filed is treated as the date of filing in any other country in the Convention, so long as the applications in other countries are filed within 12 months.

While most parties will be discouraged from copying an invention if you have a patent, where someone is infringing on your patent without authorisation we can assist in enforcing your rights.

There are countless patents in existence around the world. Their contents, and the world of patent literature around them can be highly technical.

We can help research the field to determine:

  • If a client’s invention is new, or infringes on an existing patent
  • Find solutions to technical problems in your business.
  • Identify licensing opportunities to generate a revenue stream from patents.

A patent is a type property right; hence the expression “Intellectual Property”. Like any other property, it can be bought, sold, mortgaged, bequeathed and licensed. We can help you in any and all of these transactions, including keeping track of your patent transactions worldwide.

Free IP Consultation

If you would like to arrange a consultation with one of our IP experts please contact us below: