Intellectual Property (IP) refers to a legal entitlement attached to the expressed form of various types of intangible subject matter, such as ideas. In many cases, IP may be protected and controlled. If you own IP, then you are considered to have Intellectual Property Rights (IPRs), which can be used to protect your ideas and efforts.
Be aware that IPRs are limited by types of subject matter (see below), in most cases exist for a limited period, and are subject to territorial restrictions.
If a disclosure of your IP is made to a third party, ensure that they have signed a Confidentiality Agreement before a witness.
Do not publish your ideas before you have filed a patent application as this could prevent the award of a valid patent. Keep evidence of relevant dates, witnesses and records.
The various forms of Intellectual Property (IP)
Patents
A patent is a monopoly, and gives you the exclusive right to prevent a third party from making, using, selling and importing an invention that is capable of industrial application into a country in which that patent is in force. Such action constitutes patent infringement. The patent entitles you to take legal action against an infringer. In order to be validly patentable, the invention must, at the filing date of a patent application directed to that invention, be novel. One aspect of novelty is that the invention must be strictly confidential when filing the patent application. A second requirement for the invention to be validly patentable is that it must involve an inventive step, i.e. it must not be merely an obvious, minor modification over existing technology.
Inventions may be in virtually any technical discipline, for example, biology, chemistry, engineering, electronics, and so on. It is therefore advisable to seek advice from a Patent Attorney who will help you prepare and file a patent application for your invention, after which you may be able to disclose the idea in order to generate revenue.
A UK patent applies only within the UK and the patent rights last for up to 20 years (with some exceptions) from the filing date of the patent application. In most countries, annual renewal fees must be paid to keep the patent alive. It is very important not to disclose your invention prior to filing, as this could prevent the award of a valid patent.
A patent or patent application may be assigned (sold) from one party to another. Alternatively, technology covered by a patent or patent application may be made the subject of a licence between various parties.
Copyright
Copyright protects original material that may be expressed, such as:
- Literary works
- Musical works
- Dramatic works
- Sound recordings
- Computer programmes
Copyright is free and protects your work from unauthorised copying or exploitation. It is an automatic right but it is important to keep evidence of authorship and ownership, as this may be required should you need to demonstrate and enforce your copyright. The length of time for copyright varies depending on the work that is being protected. In some cases, copyright exists for the lifetime of the author plus an additional 70 years. In many cases, copyright also provides protection overseas.
In order to indicate ownership of your copyright, use the copyright symbol © , the name of the author and also the date that the work was produced at the bottom of the page (for example, © name, date).
In order to enforce your copyright, you will need to demonstrate that the work was actually copied. Copying by a third party is judged in qualitative rather than quantitative terms.
Unregistered Design Rights
Unregistered Design Right(s) (UDR) apply to the shape, visual appearance or configuration of a commercially produced article or product.
A UDR is a free, automatic right (as opposed to registered designs which must be applied for) and last for the longer of 10 years from first sale of the article, or 15 years from making the design. It is advisable to keep evidence of relevant dates and records should you need to enforce the unregistered design rights and/or to calculate the term of protection of the UDR.
Registered design
As with unregistered design rights, a registered design applies to the shape, visual appearance or configuration of a commercially produced article, and prevents the unauthorised manufacture or reproduction of that article. In addition, a registered design may also be used to protect the pattern and ornamentation, or surface decoration of a product.
A registered design is a monopoly and can last for up to 25 years (by paying renewal fees every 5 years for a maximum of 5 periods), and must be applied for at the Design Registry of the Patent Office. Modifications to the design can be registered at a later date.
To qualify for registration, the design should be aesthetic, rather than simply technical in nature, and must be considered to have “individual character”. The article must be visible during normal use. In addition, a design must be new and not publicly disclosed before filing the application for the registered design.
If it is necessary to disclose a design to a third party before filing the application for the registration, for example, whilst in negotiation with manufacturers, it is important to ensure that they are bound by a confidentiality agreement.
Trade mark
A trade mark is “any sign” (words, logos, pictures etc.) which distinguishes the products or services of one trader from those of another, i.e. it must be distinctive. Trade marks are generally used so that customers can recognise the product or service of a particular trader or supplier.
A registered UK trade mark confers the right to its exclusive use although no protection is provided outside of the UK. Providing renewal fees are paid every 10 years, a UK trade mark may be registered forever.
To register a trade mark, applications must be made to the UK Trade Mark Registry at the Patent Office.
Know-how
Know-how relates to confidential information or trade secrets that an owner wishes to remain secret. Confidential technical information can be commercially valuable and may for example lead to the patenting of an invention.
Therefore, it is vital to take steps to protect this type of intellectual property. The best way to protect know-how is to keep it secret. Inform all parties of their duty of confidence and make use of appropriate non-disclosure agreements.
Useful links
Patents:
Copyright
Design:
Trade Marks:
- UK Trade Marks - A Brief Guide [pdf]
- International Trade Mark protection - A Brief Guide [pdf]
- Making a Mark
General :
- AdamsonJones information archive
- intellectual-property.gov.uk
- The Key
- UK Patent Office
- WIPO - articles & papers dealing with IP
- Innovation logbook - If it's yours, prove it!
- Businesses fail to protect their company name
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