The advantages associated with filing the patent are that Dan’s product will be protected from infringement by others, of his patent. Specifically, by registering the patent in the UK, Dan’s new product will be safeguarded and protected from infringement in the UK; however by filing an application under the Patent Cooperation treaty, the new cement product will be protected in foreign countries as well (Oleska, 2002). The EU Directive 85/337/EEC requires products to be environmentally safe, which would apply in this case. The EU Industrial emissions Directive (2008/1/EC of 2008), coupled with the Integrated Pollution Prevention and Control Directive must both be satisfied in reference to the production process for Dan’s product, since the IED is also to be applied in the case of production of cement (Smith, 2010). Conforming to the requirements under the Directives would ensure that patent protection remains operational.
Registering a patent would ensure that Dan gets the full benefit of all the economic rewards, such as royalties, etc, associated with the marketing of the cement and potential competitors cannot capitalize on them and develop a similar cement at a lower price. One Dan has a patent, the cement can be marketed at a good price because it gives him the exclusive rights over the product. Since a patent is an intellectual property, it is something that Dan can choose to sell or transfer at a later date, and it also provides an indication of his intent to market the cement commercially. It allows him to retain the monopoly over his product for a certain duration of time.
One of the drawbacks associated with obtaining a patent is the need to disclose all the details about the product, Dan would be obliged to disclose fully in his patent, how his cement is environmentally friendly. This leads to the associated disadvantage, i.e.,