LEGAL EAGLES
FEATURE SPONSOR
PROTECTING INNOVATION
The wind energy sector is currently amongst the most innovative and competitive industries. Innovation is a major driving force towards a successful business and new trends in the industry are providing opportunities for proactive companies to offer unique products or services.
It is vital that businesses protect their valuable assets. In the area of innovation, Intellectual Property Rights, and in particular, patents can be used to prevent rivals from benefiting from your research and development whilst enabling you to prosper. If your invention provides a solution to a technical or practical problem then you may be able to obtain a patent. The majority of wind energy patents relate to wind turbine components such as blades, drivetrains and electrical systems.
However, improvements relating to the materials, reliability and durability of the components together with the operations and maintenance of wind energy systems are also being protected.
PATENT SYSTEM The patent system effectively grants a monopoly to a company who has invested time, effort and finances in producing a new product or process, by making it an offence for anyone
without the owner’s permission to make, use, import or sell the invention. Those companies who decide not to use the patent system are effectively giving away this time and effort for no return, since their competitors will be free to copy the invention.
that you can use the same idea or the idea with particular alterations.
ONLINE PATENT SEARCHES Free online patent searches can provide an interesting introduction into current and future trends arising in wind energy. Two such search sites are provided by the esp@ cenet service at the European Patent Office and also by a dedicated Google searching site (Google Patents). These sites may also enable you to quickly discover how active or inactive your competitors are in protecting their valuable developments.
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www.windenergynetwork.co.uk
In addition, you may be able to benefit from those companies not using the patent system. For example, if a rival has cornered the market for a particular pitch system then you should not automatically assume that you cannot also use such a system – some searching may reveal what, if any, protection your rival has. You may discover
As expected, the main active proprietors of patents relating to wind energy are big corporations such as GE, Vestas and Siemens. However, the benefits may be more important for smaller niche companies who can prosper from protecting their specialised products.
COMMERCIALLY EFFECTIVE Patent protection can be commercially effective and only rarely are patents fully litigated. The existence of a patent provides an initial strong deterrent to your competitors whilst an infringement court case may be settled without the need to incur the associated legal fees.
5 STEPS TO GAINING AN EDGE OVER YOUR COMPETITORS • Discover whether new products being launched by your competitors are protected
• Evaluate your new products as well as improvements that are made to your existing products or those of third parties - patents are granted for improvements as well as new products
• Keep your idea confidential until you have sought advice regarding patent protection - do not reveal your idea by word of mouth, demonstration, or advertisement/article
• Conduct searches to determine whether your idea may be different from previous ideas then make a conscious decision on whether the idea merits protection or not
• Make the patent a true asset of your business - have the proof that you are an innovative company, and tell others
IN SUMMARY
Finally, a patent does not just protect your innovation but a patent may reduce your tax bill, increase your assets, make you and your product appear more credible and make your company more attractive to potential investors.
Nick Jackson
Chartered Patent Attorne Dummett Copp LLP
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