What is a Patent?
A patent is one of the four forms of protection of Intellectual Property (IP) Rights. IP Rights secure for an individual or corporation a degree of protection against unauthorised copying of their efforts. The duration of the protection varies according to the nature of the IP Right; in general it is intended to give the beneficiary a reasonable chance of recouping their investment of time, money and effort before facing unfettered competition. The four forms of protection are:
| • Patents |
Patents protect not only the fundamental ideas that make things work but also the means of implementing those ideas. Examples are the design of a hub that enables a wheel to turn or the chemical formula of your favourite fizzy drink. |
| • Trade Marks |
Trade marks are signs (such as words and logos) that distinguish goods and services in the marketplace. |
| • Registered Designs |
Registered Designs protect the appearance of a product, for example the cut and style of a fashion item. (In some countries the concept of a “Design Patent” applies. Beware of the geographical and legal differences!) |
| • Copyright |
Copyright is an automatic right which applies when the work is written or recorded in some way. (Hence this web page is copyright by virtue of being uploaded to Circlist’s server, where it is, in the legal sense, ‘recorded’.) |
The process of applying for a patent involves submitting to the proper authorities a set of claims, stating in full what is new and different about the applicant’s device or process. Publication of the application has the effect of making the concept (the “utility model”) public, so choosing the best time to patent something is important. Patenting too early in the course of research and development may subsequently result in legitimate competition arising before R&D costs have been re-couped through sales. Applying too late risks someone else getting in first.
The utility model associated with a patent application must be
new. Hence the need to search through expired patents as well as current ones, published applications pending and technical literature generally. It is not possible to obtain a valid patent for something that is already in the public domain. Thus, at the start of the patenting process, the invention must (with certain minor exceptions) also be
confidential.
It is possible to obtain a Design Patent or Registered Design (as appropriate to country) for a particular new way of implementing a pre-existing general concept. Examples of this are to be seen in the IP records of both the Gomco Clamp and the Mogen Clamp. Finally, in this very brief overview, it should be noted that EU law recognises unregistered design rights. The mere marketing of a product within the EU is sufficient to secure some basic protection against design piracy within the EU/EEA.
The historical record of patent documents provides a fascinating insight into the development of circumcision surgery, especially because each patent includes drawings of the inventor’s device. Notwithstanding the resemblance of some of the drawings to the cartoons of
Heath Robinson, almost all the devices listed below have at some time been manufactured and trialled at least in prototype form.
How patents are categorised
Patents for circumcision instruments should appear in International Category "A61B17/326". The cumulative construct of the International Category is this:
| A |
Human Necessities |
| A61 |
Medical or Veterinary Science; Hygiene |
| A61B |
Diagnosis, Surgery or Identification |
| A61B17 |
Surgical Instruments, Devices or Methods |
| A61B17/326 |
Circumcision apparatus |
The United States has long had its own separate system. There, the relevant category is "606/118". The cumulative construct of the US national category is this:
| 606 |
Surgery |
| 606/1 |
Instruments |
| 606/118 |
Means for Circumcision |
Commentary
Our research suggests a lamentably low standard of prior art investigation by inventors, patent agents and examiners. Numerous instances appear to exist where a utility patent has been granted to a device that relies on a utility model already to be found in the public domain. If you have an idea for a new design of circumcision device, please take the trouble to search for pre-existing examples of the same concept
before spending time, money and effort on research and development. You will not make your fortune by re-inventing the wheel!
Acknowledgements
The following resources were used in the preparation of this web page
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