Patents protect inventions - the functional, technical, and innovative aspects of products and processes that advance industry and technology. A patent grants its owner an exclusive right to prevent others from making, using, selling, or importing the patented invention without consent.
For innovative businesses, a patent can be one of the most valuable assets they own. It represents the intersection between research, engineering, and commercial strategy, often forming the basis for investment, licensing, and long-term competitive advantage.
Legal and Commercial Framework
In the UK, patents are governed by the Patents Act 1977, which implements the European Patent Convention (EPC). Patents are granted by the UK Intellectual Property Office (UKIPO) or through the European Patent Office (EPO). Once granted, a patent typically lasts for 20 years from the filing date, provided renewal fees are paid.
To be patentable, an invention must be novel, involve an inventive step, and be capable of industrial application. Certain categories, such as discoveries, scientific theories, and computer programs “as such,” are excluded.
Patent disputes often arise from allegations of infringement or challenges to validity and can involve highly technical subject matter requiring expert evidence and scientific analysis.
Typical Issues and Considerations
Businesses face a range of strategic decisions when dealing with patents - from whether to seek protection, to how and where to enforce it. Patent portfolios require careful management, particularly for technology-driven companies with international operations.
Common issues include infringement claims, validity challenges, employee invention ownership disputes, and navigating freedom-to-operate searches before bringing products to market. Cross-border enforcement adds further complexity, requiring coordination across multiple jurisdictions.
How We Can Help
Culbert Ellis advises inventors, businesses, and investors on all aspects of patent law, including:
- Filing and prosecution support, working alongside patent attorneys to develop robust applications.
- Enforcement and defence of patent rights in infringement and validity proceedings.
- Portfolio management and strategy, including competitor analysis and patent due diligence.
- Commercialisation and licensing, helping clients monetise patented technologies.
- Litigation support involving complex scientific or engineering subject matter.
Our team combines technical understanding with litigation and commercial experience, enabling us to provide strategic advice that protects innovation while supporting broader business goals.
Free Initial Discussion
If you require advice on patent protection, enforcement, or commercialisation, contact us for a confidential discussion with one of our intellectual property specialists.
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