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By William Heath Robinson - From the Book: William Heath Robinson Inventions,
Public Domain, https://commons.wikimedia.org/w/index.php?curid=39256622 |
If you work for a company, university or some other employer in a capacity in which an invention might reasonably be expected from the performance of your duties or you had a special obligation to further your employer's business, any invention you may create in the course of your duties may be claimed by your employer pursuant to
s.39 of the Patents Act 1977. Your reward will be your salary and any perks or benefits that go with your appointment unless your invention is of outstanding benefit to your employer in which case you may be entitled to an extra reward under
s.40,
The position will be different if you are a student and you invent something in the course of your research or studies. Your university may be entitled to the invention pursuant to a clause in your contract for the right to research or study at your university but you will normally qualify for a share of any royalties or other payments that your university receives from the commercialization of your invention.
If you made your invention in any other capacity it would be up to you to exploit it. You can attempt to market it yourself or you can try to license it to a third party. Neither is easy. If you choose to make it yourself you have to acquire expertise and resources that inventors are no more likely to possess than anyone else. If you try to license it you have to persuade a third party that your invention can earn or save that person's business money. To get you started, here are two articles:
You should try to learn from the experience of others. A good place to find such experience is an inventors' club. I was saddened to learn recently that one of the clubs that I founded nearly 20 years ago and chaired for many years suspended its meetings during the pandemic and has never revived them. I consulted the
"Inventor's Club" page of the Wessex Region of Technologists and Inventors (formerly the "Wessex Round Table of Inventors" or "WRTI") to see whether the same had happened to other clubs. There were some broken links but I found up-to-date websites for many of those clubs after consulting Google. I also wrote about the Bristol Innovation Group in
Bristol Innovation Group: Street2Boardroom on 27 Aug 2020 in
NIPC Severn and gave a
webinar to Ffiws on 15 April 2020, I have therefore been able to find inventors clubs in
Anglesey with locations in Gwynedd,
Birmingham,
Bristol.
Cambridge,
Dudley,
East London,
Kent,
Malvern,
Oxford and
Southampton,
If there isn't an inventor's club nearby or if the meetings of your local club do not live up to your expectations or needs I should be glad to help you set up a club. I could draw up a simple constitution and suggest a few guest speakers free of charge. Over the years I have met a lot of patent and trade mark attorneys, angel and private equity investors, specialist accountants, insurance brokers, product development consultants in all parts of the country. I should even be happy to address any group you may set up or run a pro bono IP clinic myself.
Finally, two cardinal bits of advice. The first is to ignore the small ads and spam emails from invention promoters offering to promote your invention for an eye-watering sum. Few have any connections with industry and most offer services that are already offered by your local Business or IP Centre or local enterprise partnership for free. The second is to keep your invention under wraps until you have obtained optimum legal protection by applying for a patent or otherwise.
Anyone wishing to discuss this article can call me on +44 (0)20 7404 5252 during office hours or send me a message through my
contact form.
