Trident Energy Limited was founded in 2003 on the strength of innovative new technology in the field of wave energy generators. After several years of developing and applying for patents to protect technology related to wave energy generation farms, Trident Energy saw an opportunity to deploy wave energy generators in a new area, the offshore wind energy sector. The company’s PowerPod wave energy generation products were designed to provide off-grid electricity to offshore wind energy installations. This reduced the high operating costs of re-fuelling the offshore diesel generators traditionally used by such installations. It was the use of a wave energy generator in an offshore wind installation that the company needed to protect.
Trident Energy approached us to see if there was any way in which they could utilise their existing patent applications to protect this use of their technology. We reviewed Trident Energy’s portfolio of pending patent applications and explored ways in which it might be possible to re-direct those applications to protect the PowerPod wave energy generation products. Following careful analysis of relevant technologies previously disclosed by third parties and the content of the pending Trident Energy patent applications, we proposed amending a UK patent application as the best way forward. It was important to word the claims in the application in a way that protected the PowerPod products whilst, at the same time, avoiding the addition of any new information which would be contrary to the UK Intellectual Property Office’s rules regarding added subject matter. We also devised arguments in favour of the non-obviousness of the idea. This all required a great deal of effort as the application had not originally been filed with the new business idea in mind. In fact, it had been filed before the PowerPod products had even been conceived.
The UK patent application was successful and the patent was granted. This gave Trident Energy a monopoly right to the use of its innovative technology in the offshore wind energy generation sector in the UK, one of the biggest markets for this area of business.
"Functionally we knew what we wanted to achieve. J A Kemp were able to take our functional requirement and translate that into a patentable claim, increasing the value of our intellectual property."