It's a Rapstrap and you've been caught: TV Dragons involved in row over patent

IT HAS been the most successful invention to be featured on the BBC's Dragons' Den business challenge programme, winning £36 million of orders that will put it in shops across the UK.

However, the Rapstrap reusable plastic binding tie, backed by the Scottish entrepreneur and "Dragon" Duncan Bannatyne, may infringe the patent of another product, the UK Intellectual Property Office (UKIPO) has said.

Millepede, which makes a similar tie, is now considering legal action which could lead to a court battle costing hundreds of thousands of pounds.

Andrew Harsley won 150,000 of backing from Mr Bannatyne and James Caan after impressing the two Dragons with his Rapstrap on the TV show last August. The pair have a 50 per cent stake in the company.

Rapstrap ties have been sold to firms including a Scottish tree grower, which bought more than 50,000, and the product is due to be launched in DIY and electrical store chains within two months. Uses include as ties for electrical cables and plants.

However, Millepede may now use a patent registered by Mr Harsley himself ten years ago to attempt to stop Rapstrap in its tracks.

Mr Harsley took out the patent after founding Millepede in 1994, then left the company to launch Grantham-based Rapstrap five years ago.

Millepede said the UKIPO had issued an opinion which concluded that Rapstrap infringed its patent.

Millepede makes ties such as the Mille-Tie and Quick Strip, which are sold in both the UK and United States. Rapstrap's own UK patent application is still being considered, but it has had patents granted in South Africa, Mexico and China.

John Butterworth, Millepede's managing director, said: "I was amazed when Mr Harsley, who had previously founded the Millepede company, forgot to mention its existence on the programme.

"Then afterwards there was little interest in talking to Millepede about our prior patent. I hope this official review will now change that situation."

Mr Butterworth said he was taking advice from patent attorneys.

He said legal action was "certainly a possibility", but added that Millepede would have to demonstrate loss of business due to Rapstrap.

Mr Harsley said Millepede's move to seek an UKIPO opinion was simply to boost its own business.

He added: "The UKIPO opinion is no more significant than a lawyer's opinion. It's just a stepping stone towards taking it to court."

David Fry, of the law firm Agile, who advised Mr Harsley, added: "The opinion will have no bearing whatsoever on an infringement action in front of a court becausethey willfirstly address the issue of validity."

Campbell Newell, a partner in the Edinburgh office of Marks & Clerk, a patent and trademark firm, told The Scotsman: "A UKIPO opinion is not binding – it's very much an opinion. Therefore, the parties on any sort of opinion issued can ignore it. If an opinion is given that a product does infringe a patent then it's up to the patent owner to take the necessary steps to stop that infringing act continuing.

"The only way really to do that is through a court order to that effect."

Mr Bannatyne, who was born in Clydebank, ran an ice cream van before developing nursing homes and then health clubs. His wealth was estimated last year at more than 300 million.