Patents protect new products and processes, and a patent will give you the right to stop others from making, selling or importing/exporting something covered by the patent claims. But, how “inventive” does a product have to be to be patentable? Lets explore patents: how inventive must a product be?
Requirements for Patentability
To be patentable, a product has to have at least one novel technical feature, and involve a so-called “inventive step” (which is often evidenced by some sort of technical advantage that that novel feature provides). And these criteria are assessed against anything available to the public before the effective filing date of your patent application.
A “scintilla” of inventiveness may be enough
Now, whilst this may seem like a tall order, it is important to understand, from the outset, that your product need not represent some great scientific breakthrough or disruptive technology. If you have a single novel feature that provides some sort of technical benefit, and it is that benefit that will make customers want to buy your product, then it is worth considering patent protection. For example, you have made an improvement to something that is already on the market, or you may even have developed a new technical use for a known technology. Remember, in the UK, a “scintilla” of inventiveness can be enough to secure a patent (yes, a judge really said that…!)
The Slinky toy
If you were born before the digital age, you will almost certainly remember the Slinky (and, probably, the slightly annoying, but very catchy, jingle). But did you know that it was patented by its inventor, Richard James, in 1947? Bearing in mind that the original Slinky toy was really nothing more than a helical spring, and springs of various types for all sorts of uses were well known in 1947, how could Mr James have secured a patent for one?
Apparently, he invented the Slinky toy by accident while at work as a mechanical engineer, when he dropped some coiled wires he was working with on the ground and watched them tumble end-over-end across the floor; and he thought to himself that it would make a good toy. Although helical springs, as such, were well known, it couldn’t be said to be and “obvious” idea for a toy and on that basis, he secured US Patent No. 2415012 in 1947 for “a helical spring toy which will walk on an amusement platform such as an inclined plane or set of steps from a starting point to successive lower landing points without application of external force beyond the starting force and the action of gravity”. Not quite as catchy as “it walks down stairs, alone or in pairs…”, but it did the job!
Curiouser and curiouser…
The toy enjoyed some success in the USA in the 1940’s and 50’s, but in 1960, Mr James left his family to join a religious cult! His wife, Betty, left alone with six children to support, staked the mortgage on their home to take the Slinky toy to a toy fair in New York in 1963. Her risk paid off: it sold out and the advert (including the jingle we all know and love) aired on television for the first time that year. And the rest, as they say, is history…
Pet Slinky?
Although the original toy had lost its appeal by the 1990’s, James Industries also came up with various Slinky animals, and the most famous of these was the Slinky dog which appeared in the 1995 movie “Toy Story”, catapulting the toy into the consciousnesses of yet another generation. Not unexpectedly, the movie boosted sales of the Slinky dog (or “Slink”) and he even had a patent of his own: US Patent No. 5626505!
The moral of the story
Don’t be too quick to dismiss your innovation as ‘not inventive’ or ‘obvious’. If it hasn’t been done before and you think it’s important enough to your business to want to stop others from copying it (and muscling in on your market share), consult a patent attorney before you disclose it to anyone except in strict confidence.
Need help?
We hope you have found this summary useful. If you need help to work out if you could get a patent for your new product, and how to go about that, or if you have any other IP questions, we are happy to offer a confidential initial consultation, which is free of charge and obligation. Please book your free initial consultation by clicking the link below:
https://calendly.com/strachan-ip-a-fresh-view-of-intellectual-property/30min
or by calling 07714 797135 or emailing vicki.strachan@strachanip.co.uk
or you can contact us through our website: https://strachanip.co.uk/contact/
