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Michael O'Reilly is a physiotherapist. He approached Downing IP for help with an invention which he wanted to patent - a spinal support wedge.
It’s a product which helps to mobilise the spine during physiotherapy; the patient lies down on it and the side-to-side movement that it allows is helpful in a range of ways.
When applying for a patent, we have to pick out for the Patent Office what's new about an invention, what distinguishes it from the things that have already been published.
But one of the great aspects of the wedge is its simplicity, without giving us many features to rely on. This could have made it hard to define in a way which brought out its difference from other wedges.
When the Patent Office did their initial searches, they found other shaped wedges – but these wedges had different uses from the one that Michael O’Reilly had invented.
The important thing that we did in this case was to have a really long one to one conversation with the client, which was essential in helping us understand the product and how it works.
For example, why does that particular shape of the wedge work?
Once we understood that, we were able to carefully craft the description to explain how this product helps and what benefits its unique features provide.
We had to ensure that we included all the relevant information, but without including features that would have limited the invention unnecessarily.
The UK patent was granted in February 2023 and the client was happy with the outcome and the process that led to it. Patent applications elsewhere are progressing nicely, too. Downing IP also managed the application to gain a trademark for ‘OptiNeck’ and ‘OptiNeck Balance Wedge’ both in the UK and internationally.
Michael kindly said:
“I was referred to Downing IP by our solicitors for assistance with a product I had invented. Initially I had serious reservations as to whether my invention could be protected due to its simplicity.
The advice and guidance that I received helped me get a better understanding of the process of patent application. I was also assured that simplicity is not necessarily a barrier to intellectual property protection.
Michael Downing demonstrated a deep understanding of the product (in spite of not actually physically having one with him) and was quickly able to focus on what the key differentiating claims were.
His arguments were clear and concise both in the initial application and in the reply to the IPO’s response.
I am very pleased to say the patent on my invention was granted by the IPO.
I would highly recommend Downing IP.”
Michael O'Reilly – inventor of the OptiNeck Balance Wedge.
