Please note, more Frequently Asked Questions related specifically to Patents, Trade Marks & Designs may be found on the corresponding pages within the ‘Our Services’ section.

I have created a new product or process and wish to enter it into the market. What steps must I take to ensure my rights to this product?
Before your invention is made public knowledge, it is recommended that you first ensure that your product does not infringe upon an already patented product/process and then seek assistance in filing your own patent application. Drafting a patent specification and filing a patent application correctly is a highly complex procedure, and we strongly advise against attempting this yourself. Patent specifications are the subject of a considerable body of law and without knowledge of this law, the unwary who attempt to draft their own patent specification can unwittingly end up limiting, if not rendering entirely ineffectual, any rights which might be granted under a patent.

Wrays provides an end-to-end service for all their clients, from drafting patent specifications, assisting throughout the patent application procedure, and can subsequently assist with enforcement after the patent has been granted. We can also advise you and assist you in obtaining patent protection in other countries.

I have made modifications to an existing product/process, which I would like to promote and sell. Am I able to secure rights to the improved product/process?
Yes, provided that the modifications meet the level of inventiveness required for a patent to be issued. To be considered ‘inventive’, an invention must involve something beyond the everyday skill of an ordinary person. In the case of a standard patent there must be an inventive step, which requires that the invention must not be obvious to a person skilled in the technological field of the invention. In the case of an innovation patent, the level of invention is lower, although what is new must contribute something to the way the thing works (as opposed to being merely different for no reason).

I believe that someone is profiting from a product/process that I invented first. What can I do?
If your invention is covered by patent protection, a patent attorney will be able to assist in assessing the validity of infringement claims and enforcing the rights secured through your patent. Wrays also offers a ‘watching service’, whereby new patent applications are monitored for possible infringements against your own.

How long will it take for a patent application to issue as a patent?
In the case of a standard patent, usually two to four years. However, the period can be shortened considerably if required. In the case of an innovation patent, 1 to 3 months.

What is a trade mark?
A trade mark (often referred to as a trade name or brand) is a word, name, picture, logo, sound, smell, shape, aspect of packaging, or a combination of any two or more of these items which is used in relation to goods and/or services to identify them with the person providing those goods and/or services.

If I have registered my Business Name, is this the same as registering my Trade Mark?
No. Registering your business name will not protect you against trade mark infringement and does not afford any legal rights to the name itself. It is recommended that you register your trade mark to ensure your rights to any brand-related items as mentioned above.

Someone is trading under the same name as that which I trade under. What can I do?
If your company or product name is being used by another entity and you have registered your trade mark, an attorney will be able to assist you in enforcing the rights secured via your trade mark registration. If you have not registered your trade mark, you may be able to claim rights to the mark through ‘prior use’, if you can prove that you have been using the trade mark for longer than your competitor.
If your registered trade mark has been out of use for a period of three years, it is possible for another party to apply for your registration to be removed. It is therefore essential that a trade mark be kept in use in order to maintain valid protection.

Can I protect the appearance of a product separately from the physical workings of the product?
Yes. The appearance of a product may be protected via an 'industrial design registration'. A design registration only covers the aesthetics of the product, in particular:

1. the shape or configuration of the product (eg. the shape of a tea cup)
2. the pattern or ornamentation of the product (eg. the pattern appearing on a tea cup)
3. both the shape and pattern of the product (eg. both the pattern on and shape of the tea cup).

It is often advisable to seek both patent and design protection of a product of your own invention before entering into the market, and trade mark protection to cover any trading names/logos associated.

If I have copyright protection do I need to register the design of my product?
Yes, copyright protection is not available for the shape of manufactured products. Where the design of the product is purely two dimensional (eg. a wallpaper pattern or the pattern on a T-shirt), copyright exists in the design and it is not necessary to register the design of the product unless you want monopoly rights in the design. Copyright only provides protection against the artistic work residing in the pattern being copied.