Anyone have experience of a ‘patent’ these days?

[MyballsareSandy2015]

A quick google tells me it’s still a thing but I’m wondering if someone copied a concept but changed the format slightly they could get past this.

DH has had a fab idea and has put it into practice with friends (and charges them), they are thrilled with the results and believe it’s something he could do long term as a business.

I’m happy to do the marketing/social media side but worried about someone nicking the idea.

Surely first you have to check nobody else has patented the idea first?

https://www.gov.uk/search-for-patent

It has to be unique and orginal to get a patent. But most companies and people dont patent but trade secret. Like coca cola is a trade secret noone knows the receipe

Yeah I have

"Concept" and "changing the format" don't sound like patent situation! Do you actually mean that? As a general concept you can't patent an idea.

I’m afraid it is already too late, patents have to be applied for when the product is still secret. Now it has been sold it isn’t secret unless you also put a confidentiality agreement in place.

your best bet would be to keep as much secret as possible as to how the thing is done, and get some really good branding in place. Maybe a trade mark?

Patenting something is a long process and will cost upwards of £10k. From what you've said, the idea doesn't sound patentable (changing an existing concept), and having offered it for sale means it it is already in the public domain. But talk to a patent lawyer - I suspect there are ones who will offer a free initial consultation.

You need to search through all the parents and see if someone has already thought of it.

https://www.gov.uk/government/collections/intellectual-property-patents

If your DHs idea is similar than there is a whole process to go though to prove it is different enough for it's own patent.

Your DH needs to get on with it before one of his mates gets there first ..

As a pp said, you can't patent an "idea" - you can patent a specific technique, process or novel (never previously in the public domain) chemical molecule that achieves a specific thing in a specific way. You can protect a trademark or brand. Lego can't stop other companies from producing a gazzillion plastic bricks with connecting studs that are 4.8mm in diameter and spaced 3.2mm apart. That is perfectly legal, and there's nothing novel or patentable about the process to make little plastic bricks. They can stop any maker other than their own from imprinting the "lego" mark on each stud or using the word lego on their packaging. If your idea can easily be copied, it will be. You can still make money out of it though because by the time any competitors arrive you will have paid off your startup costs and will be benefiting from being established and will be more attractive than new competitors

It’s out there already so you can’t patent it if I recall correctly

also you have to decide if the cost of acquiring a patent is worth the hassle and expense

I have been involved with a patent application and it was incredibly involved and expensive owing to the lawyer’s fees; it also took well over a year. Difficult to say without knowing what your husband’s business idea is but I would suspect it isn’t worth it.

Not to mention the cost of defending it should someone infringe the patent. Even if you have a patent, it doesn't stop someone stealing the idea.

I have a few patents and been through the process for more which we didn't get.
Patents are really complicated, and need expert help which is expensive - and you may (in fact probably not) never see a return on investment even with a great idea which goes well as big companies are great at finding their way round.
Software is almost never patentable (at least according to our patent attorneys), and you can't patent a concept - it needs to be a tangible thing or system for a definite purpose.
In your situation, with the product already out, I'd save your energies for working on the business as quickly as possible

Thanks all, this is really helpful