( Please note, this site is owned by Alan Neath, the following are the thoughts of Alan Neath only, however the original content of the website is clearly identified further down )
If there is any error in my thoughts or observations within this website, I would be very happy to hear from you, with full details, via the contact page
Peter Neath was seen on Dragons Den with his invention the "grillstream
grills". It took Peter and his Grillstream partner, around 8 years of hard work to get there
In addition, for approx 2 years, Peter was also working with his brother Alan who had an
original idea for a new tool handle design.
This started when Peter found that the Grillstream business was sizzling away in the background, giving him spare
time and following a discussion about Alan's idea and looking at his working tool design, Peter was excited by Alan's idea, so an obvious
opportunity lay ahead for a new joint venture which was agreed, bringing Alan's idea and
Peter's knowledge together in a equal partnership with a shake of hands between
brothers at Peters house late one afternoon.
Time to dig in, and 2 years work started
Please note for clarification, it was understood, that the new venture to patent and commercialise the tool handle was only between Peter and Alan Neath and in no way connected with Grillstream or other persons involved with Grillstream.
This new handle concept was first applied to garden tools with a working, functional tool made by Alan and led to the development
of the "Terra Firma" or "Terra Raptor" Easi garden hand fork and Easi trowel. ( Naming the tool was not finalised )
Peter and Alan carried out the first task of any new patent idea...due diligence and patent searches
This was mostly completed by Alan because he had much faster internet access than Peter, which resulted in discovering no prior art to
challenge a potential patent application
After reviewing all these searches, Alan and Peter agreed that the patent application would have a high probability of being unchallenged, so it was agreed the time was right to protect the idea with the formal application to the IPO, which Peter was very familiar with from his experience with Grillstream.
A patent document was drawn up by Peter and his long standing ( Grillstream ) patent attorney and
submitted to protect the intellectual property rights for Alan and Peter
Shortly following that first meeting, Peter told Alan that the their patent was now protected, and the secrecy of the idea could be relaxed and now discussed with other parties
Peter explained to Alan, that when the patent application was filed, it would be safe to discuss the idea with other parties without risk, with potential suppliers, designers and consultants.
During this time the idea is protected as a patent pending, which allowed Alan and Peter to then develop and progress the idea untill such time as it would be granted an award of full patent rights, which they confidently and fully expected due to the thorough research previously done.
Alan searched for the tool handle application online, as he had not seen any documents provided by Peter and was thrilled to find the patent details which are public records
Alan called Peter to enquire why only Peters name was mentioned on the patent application and was assured it was not terribly important, just a minor problem with the forms which would be easily and quickly resolved.
Very soon, Alan met with the attorney, along with Peter on more than
one occasion, when discussions took place to refine claims of the original patent application
Further additions were also made to the patent which included new claims covering new ideas which Alan passed to Peter for the attorney to action
Well into the development of the tool handle with around 2 years time invested, Peter explained to Alan that it was very important that the patent was not owned by
a business, because in the event of the business running into trouble the patent could
be lost and therefore Peter was going to look at what measures were required to protect their patent in the future
Alan was aware that the minor issue described by Peter, where only Peter had his name on the patent, was still outstanding.
Peter had assured Alan on many occasions, that a clerical, administrative or printing error
due to the patent document having space for only one patent
applicant, meant that only Peter had his name on the patent, and also Peter as the Inventor.
Alan, certain that a little bit of common sense and proactive efforts would solve this long standing minor problem, researched on the internet, approached the IPO and patent attorney for some advice.
A number of options were possible, but by far the most sensible was a simple A4 document prepared by the patent attorney which needed Peters signature to put everything in order.
It would also solve the question raised by Peter about fully protecting the patent in future as it would remain in the name of individuals rather than a company, and offer the fullest of protection.
Alan made the call to the patent attorney, explained what he discovered and the
methods to address it, which the attorney agreed was correct and would therefore prepare
the document for Peter to sign.
Alan immediately called Peter after completing the call with the patent attorney, to share the good news and demonstrate that he had taken
advice and now understood the patent laws and found a method to rectify this long
standing minor issue which would also fully protect the patent in
future, which is exactly the information Peter had told Alan was needed to be actioned
Peters signature was all that was required to correct and
complete this whole issue.
Alan had done a good thorough job, saving Peter another
task.
Peter should have been delighted with Alan's problem solving skills and
diligence !
Peters reaction to Alan's good news was "Your going about this the wrong way !"
( sorry, I can't explain this even today, I have no idea what it meant, then or even now )
Alan had checked all the facts with the patent office and the patent attorney,
everything was, in their words, correct.
Now, after 2 years work, nearing delivery of finished sample products, finally, Alan knew he
was .............? well you decide and fill the blank space, no rude words please!
Peter refused to take the advice of the patent office and the patent attorney, Peter wanted
to keep things as they were, with the patent in his name only, as usual without reason, explanation or grounds
The next day, Alan spoke again with the patent attorney who was pleased to tell Alan the patent had just been granted !
In the same week of being granted a full patent and taking delivery of the first batch of
retail ready ( sample ) tools complete with retail packaging, Alan discovered he had no legal or
financial privileges to his own original idea, patent share, or subsequent products and business, because he was NOT named in the patent document
As it stood, Alan could not buy, make, sell or licence his own product, without breaching the
patent owned exclusively, by his brother, Peter, who had apparantley by deception, deliberately applied for sole patent rights, as sole proprietor and sole inventor.
Peter had effectively stolen Alan's idea and consistantly covered his actions by lying for almost 2 years about the joint partnership and ownership of the patent, which he maintained rigorously was in joint names despite what he assured Alan, was slight, but unimportant clerical oversight !
For the record, the patent office ( The Intellectual Property Office ) stated when Alan enquired, that no such ( incorrectly printed ) form exists, indeed the filed patent application, clearly shows it is free from errors and is correctly printed and designed for multiple patent applicants
see the public patent records here and the public document which clearly shows option for more than 1 applicant here
also see the public record for Grillstream demonstrating how joint applicants share a patent here
Now, Alan’s original idea which he agreed to share equally with his brother Peter, by a joint proprietor patent application,
was a fully granted patent with exclusive rights, but only in Peters name.
Don't reach for the tissues, it can't possibly be that bad or sad.....
Naturally, I hear you thinking, Peter would at this stage say, ok, I will sign the appropriate patent
amendment document to rectify this oversight, as he had maintained for so long that it was a minor and easy issue to correct, however, he chose not to and gave no explanation.
Peter with a wealth of experience from his many years work on his own Joint Grillstream
patent, had apparently made a calculated and premeditated decision to obtain full
patent rights from very time he agreed to a half share of Alan's original idea, some 2
years ago !
There is no doubt Peter understood how to complete a joint applicant patent document, as indeed, he is the named joint applicant ( proprietor ) with his Grillstream partner and of course he had the services of a very able patent attorney to assist and advise.
Strong words were exchanged between Peter and Alan
Peter had no explanation for the long term deception
Alan was not happy.
Despite having met with the attorney, along with Peter on more than
one occasion, when discussions took place to refine claims of the original patent application,
the patent attorney insisted he had no knowledge or instruction from Peter
that the patent was in joint proprietor names, which was difficult to understand as an oversight, in terms of the acting patent attorney, but shocking in terms of the apparant deception by Peter
Incredible to believe that Alan can sit at the table with the attorney and Peter to prepare the patent and yet be told at a later date, it was nothing to do with him, when technically it could be argued..... that the patent would be void because it was then public domain information, based on Peter's position that it is his idea and patent, not Alan's !
Point to note: If you have a patent idea, never share the information with anyone unless under the strictest of confidentiality agreements in writing, or else your idea could either be claimed and filed by another person, or deemed void, as the information is in the public domain and therfore not original.
The only person who you can share it with is your patent attorney, and / or your fellow applicant (s).
Please note: the thoughts I am sharing with you on this page should not be taken as legal advice, so please seek a professional, AND IF YOU HAVE A PARTNER (S) IN A PATENT, ALWAYS WATCH WHAT DOCUMENTS THEY COMPLETE !
A lesson to all.....never trust anyone to submit a patent application, not even your
own brother
point to note: A patent application is designed to accommodate more than 1 applicant, so
even Peter as a seasoned entrepreneur, would have seen on the form, name of applicant or applicants
The patent application also has space for the inventor, however, you the reader, your mate from the pub,
or Theo Paphitis himself could be entered AS THE "INVENTOR", as under patent laws it has no legal or
financial value at all, except perhaps the Kudos to say "I am the inventor", so buy me a pint please !
On a similar point, if you are offered the opportunity to be part of the next innovative
patent by means of paying the patent fee, don't fall for that trick, as you will have no
legal or financial privileges as the patent fee financer. Patents are a tricky
business, AND PAYING PATENTS FEE'S GIVES YOU NO RIGHTS TO THE PATENT.
Peter offered Alan both these options after the deception was uncovered, but
Alan went away and took advice, after all he was a novice being guided by his trusted and experienced brother Peter, but following third party advice, Alan
felt that he would pass on Peter's generous opportunities in the absence of being named
joint applicant as originally agreed.
Yes, I guess your right, Alan seems to have been a real novice on the subject of
patents, but, that's why he was in partnership with his brother, Peter, to be guided
around these issues.
Warning, sit down with your patent attorney and get direct advice,
rather than allow yourself to be guided by your experienced business partner, no matter who it is
Peter always made robust assurances to Alan, that the patent issue was not important and they should concentrate on working hard,
bringing the tool into the market. Alan was a little disappointed but
assured by Peter who insisted it was a minor issue, they got on with the job.
Alan always felt that it made sense to allow Peter to lead the joint venture, indeed Peter is very comfortable leading his own team with the Grillstream business and always seen at the forefront of any publicity opportunity, with his partners in the background.
It is well known that only one person can lead, or you won't get any work done !
( Oh.. of course that is based on a prerequisite, of trust ! )
Peter was right when he explained to Alan, that it was very important that the patent was not owned by
a business, because in the event of a business running into trouble the patent could
be lost.
This is, I believe very true, and a very wise consideration.
Indeed, it is for this reason that the BBC Dragon's Den investors, will ask, who owns the patent, because if they invest in a new business which does not own a patent, they may be investing in a new business without the major potential asset
Peter explained to Alan, he
would need to seek advice and take steps to protect the patent.
Just to recap, Peter was
already the sole patent applicant ( proprietor ) and therefore owned the patent, meaning it was already
bomb proof !
Indeed if Peter was hit by a huge comet from the planet Zargon, the patent
would become part of his estate and therefore an asset to his family. It would not pass
to Alan. Alan would need to ask for permission to buy the patent back or agree to purchase a
contractual licence agreement from Peter's estate if he was to make, or sell the product
without breaching patent laws.
Alan, now fearing severe neck ache from constantly looking out for comets, meteors or any other
hazard to Peter's life, decided to look into potential steps to be taken which as
Peter mentioned, would protect the Patent.
At this stage Alan did not know that a patent in the owners name was as protected as it could ever be!
It was during Alan's research, education and
consulting with the Patent Office, that he discovered all the patent laws and documents
referred to above and knew he may have been duped, and mislead by Peter, no matter how
much it shocked him.
Was it a genuine error or deliberate, it looked very much like the
latter.
Informed by the Patent Office and fearing the worst, Alan was advised that there
existed several ways to correct this situation and by far the best was a simple
declaration form which could be prepared by the patent attorney, then signed by Peter
That as you have read here, never got resolved, as it now appears clear, Peter never intended to work with Alan, or share Alan's original idea or the resulting patent
it seems clear that Peter was happy to take Alan's idea, have Alan work to develop the idea, patent, design and many other aspects untill such time as the deception was uncovered, in the full knowledge that the patent would protect Peter on the day, as that was all that ever counted
That, perhaps explains why Peter repeatedly told Alan not to worry, it was a minor issue
and why Alan was never invited to the signing of the original patent application form,
despite being invited to draft the claims in subsequent meetings.
Peter Neath is a clever
Dragons Den Entrepeneur!
It also explains the story of Alan's invitation from the BBC to appear on dragons den
You are probably well ahead of me here, but it took me the full 2 years to realise this
neat trick.
The BBC wrote to Alan, to appear on Dragons Den which coincided within days of Peter
getting an invitation too, for his Grillstream product, with his Grillstream business partner
Alan, showed Peter, with some pride, that invitation.
Peter asked for the document and
suggested that he needed to call the BBC because there may be a great little story here,
that two brothers, each with their own product, could appear on the show and that may be
a first in television !
Some days later Peter told Alan that the BBC rules would not allow both to appear,
because Peter would appear twice, representing two products.
Reading this, you know Peter had the patent in his name only.
In the event that Peter and
Alan stood in a studio in front of the Dragons, one certainty would be the question, do
you have a patent and who owns it, you, someone else, or the company?
The answer would have certainly created a piece of television history when Peter would
have, or maybe not, revealed, for the first time, live on television, the patent was in
his name only and most importantly......would remain so !
Perhaps that would have been the point where you saw, The BBC Dragons Den first ever live, bare knuckle boxing match.....ok maybe not, as it is pre recorded !
However, at that time very early in the partnership, the Grillstream business was much more
advanced with many years work and preparation behind it and Alan was not terribly excited about a TV
appearance, so Alan and Peter agreed it made sense that the Grillstream product went on
TV
Peter, on reflection now, must have been very pleased with Alan's lack of TV ambition,
willing brotherly support and a very unselfish gesture, for obvious reasons Peter would have been in trouble if the tool handle went on TV, it's a funny world
!
What next ?.....Time to dig in again ?.....come back here and I will let you know ....
Final thought, I am embarrassed and ashamed
To all those people who helped over the
last 2 years or more, this is the sad state of what was achieved, I am sorry
For all those people I spoke to, who were excited to see the final product, I now
have to say sorry... I don’t have a product.
I may continue to write here about the journey of developing an original idea into a
patented retail product, but I may have to stop, but for now, I am really sorry, what
was ready to be offered to the world, now appears to be buried!
As Theo on Dragons den said to Peter, "You have snatched defeat from the jaws of
victory"
Time for a cup of tea.....but I will leave you to continue reading the rest of the
website, which I see no real reason to change right now and if you feel like saying
hello, go over to the contact page, I always reply to worthy messages, but not
spammers.
Below is content of the originally written website ( not technically very good, it was only meant to be temporary ) as designed jointly in the early days by Alan and Peter Neath, which includes images provided by Peter Neath who unlike Alan, was much more happy to be in the public spot light, as indeed he also was very comfortable being the project leader
shown in the picture below with Duncan Bannatyne is Peter Neath, who was invited to give
up some spare time, over several days, on a project for the BBC "Children In Need" where
he worked with other Dragons Den Entrepreneurs and the Dragons, to modernise and
refurbish a community centre. Peter fitted out a new kitchen area, seen on the BBC
television Children in need programme 20th November 2009.
The dragons had an opportunity to do some planting in the gardens and used the Terrafirma
easi trowel to plant out trees and shrubs. The following pictures show how the Terra
Firma Tool is held and used, even by the best dressed gardeners! |
