Patents are usually granted on a
‘first-to-file’ basis. An illustration
of the implications of this principle comes from a recent Opinion from the UK
Intellectual Property Office as to whether the actions of OpenHydro Group Ltd
in relation to a sea-bed mounted tidal turbine constitute infringing actions in
relation to a patent belonging to Rotech Holdings Limited.
The
Opinion notes that OpenHydro also has a patent which illustrates a sea-bed
mounted tidal turbine. However, the 11 April
2007 earliest filing date of that patent is four weeks later than the 14
March 2007 earliest filing date of Rotech’s patent.
Had
OpenHydro only filed their patent application five weeks earlier, that application
could potentially have invalidated Rotech’s patent and given the patent right
to OpenHydro. In the event, the Opinion
concluded that OpenHydro infringed Rotech’s patent.
Earlier research at the Engineering
Intellectual Property Research Unit confirms that there is greater risk of
coming second in the patent ‘race’ in technical fields - such as green energy -
in which there is a high rate of growth in the number of patent applications
being filed.
This is but one of many ways of using
intellectual property in engineering business.
You should of course seek professional advice on your own particular
circumstances.
