How do i protect my business with intellectual property startup peterborough
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The document provides an overview of intellectual property and how to protect business ideas and innovations. It discusses the six main types of intellectual property - patents, trademarks, designs, copyright, know-how, and trade secrets. For registered intellectual property like patents, trademarks, and designs, the document outlines the application and registration process with intellectual property offices. It emphasizes doing prior art searches, seeking legal advice from intellectual property attorneys, and setting a budget for intellectual property protection and defense. Overall, the document aims to help businesses understand intellectual property essentials and make good decisions about intellectual property strategy.
How do i protect my business with intellectual property startup peterborough
- 1. How do I protect my business with Intellectual Property? Neil Infield Manager Business & IP Centre neil.infield@bl.uk
- 3. Disclaimer • This presentation is not legal advice • We strongly advise you to ask a patent or trade mark attorney before proceeding with using or applying for rights – most will offer a free half hour consultation. • We can direct you to online directories of specialist patent and trade mark attorneys • Content is limited to the UK region. We will help you make good decisions based on essential knowledge
- 4. Genius is one percent Inspiration, 99 percent Perspiration Thomas Edison
- 5. Sadly a genius idea isn’t always a success
- 6. Intellectual Property (IP) is protection for Creativity and Innovation
- 7. Intellectual Property There are six types in total - three you can register: Patents - How something works or the process of making it Trade marks – Words or logo to indicate the origin of the products or services Designs – The distinctive look of the product or object
- 8. Intellectual Property And there are three that you don’t: Copyright – Artistic or written works eg. Paintings, books, films, music etc. Know how – The practical knowledge of how to get something done. Trade Secrets – Confidential information which is not generally known to the public and is subject of reasonable efforts to keep it secret.
- 9. Can you spot the 5 forms of IP here? The pause that refreshes patent design trade mark copyright trade mark trade secret
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- 14. 65 slogans and counting 1886 Drink Coca-Cola 1929 The pause that refreshes 1969 It's the real thing. 2016 Taste the Feeling Jul 2020 Be Open Like Never Before
- 15. Intellectual Property in the UK UK IPO is the government body responsible for registering all intellectual property in the United Kingdom. Concept House Cardiff Road Newport South Wales NP10 8QQ United Kingdom information@ipo.gov.uk 0300 300 2000 www.ipo.gov.uk
- 17. How can I Protect a Business idea? … Answer - you can’t • A business idea on it’s own is not protectable However… • The physical manifestationof the idea may be protectable • Who was first? The pig or the pigeon?
- 18. A story about a boy orphaned as a baby. Who is adopted by cruel relatives. As he grows up he discovers he has magical powers. With help from outsiders he goes to a school for wizards…and has lots of adventures… idea manifestation
- 19. Patents A patent protects an invention
- 20. 20 bl.uk A patent protects an invention; how it works or how it’s made To qualify an invention must be: • New – i.e. never seen before • It must not be obvious (complicated!) • It must be capable of being made or used in some kind of industry (no fantasy inventions) • It should be Better or Cheaper or Different (otherwise - why bother?)
- 21. 21 bl.uk Can you guess the patent?
- 22. 22 bl.uk Can you guess the patent?
- 23. 23 bl.uk What cannot be patented • literary, dramatic, musical or artistic works • a way of doing business, playing a game or thinking • a method of medical treatment or diagnosis • a discovery, scientific theory or mathematical method • the way information is presented • some computer programs or mobile apps • ‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties. Source: https://www.gov.uk/patent-your-invention
- 24. 24 bl.uk Can you guess the patent?
- 25. 25 bl.uk Can you guess the patent?
- 26. Confidentiality • You must keep your invention idea secret until the application for a patent is made! • Use non-disclosure or confidential disclosure agreements: • https://www.gov.uk/government/publications/non- disclosure-agreements • *Be wary of “invention promoters”
- 27. 27 bl.uk Step 2: Prior Art Searching A search to determine novelty. A basic Internet search is a good way to start a prior- art search. If the invention already exists and is being commercialised then hopefully the vendor will have an Internet presence – website, social media etc. You should also search for existing patents. https://worldwide.espacenet.com/ And look in industry trends. The BIPCs can help you.
- 29. 29 bl.uk Prior art is anything in existence
- 30. 30 bl.uk Legal Advice • Most IP lawyers offer free 30mins advice. • It’s recommended to seek an IP attorney for a new patent application. • You can find a local patent attorney at https://cipa.org.uk/ “Only 1 in 20 patent applications filed without the help of an IP professional successfully reach grant.” Source: https://www.ipo.gov.uk/p-apply-before.htm
- 31. 31 bl.uk Patents: Pros • You have a state granted monopoly on your invention for usually 20 years • It is property you can commercialise and prevent others from using (in your protected territories) • You are protected from the date of filing meaning you can disclose and begin to market.
- 32. 32 bl.uk Patents: Cons • The full application and approval process to reach grant can take up to five years allowing for opposition • You need to pay to defend any infringement • Your invention will be disclosed to the public, meaning competitors can innovate from your invention • Patenting is expensive. £4000 with legal fees. At least £50k for wider international protection.
- 33. Know How and Trade Secrets
- 34. 34 bl.uk What is Know-how? • The practical knowledge of how to carry out a process, perform an operation etc. • The information not necessarily included in the patent for example, but required to complete the work • It can also be things like your network, partnerships, experience, skills, technical advantage.
- 35. 35 bl.uk James May to Samurai sword maker: “I would like to be your apprentice” Sword maker: “It takes ten years to learn how to make a Samurai sword.” James May: “Oh, perhaps not then…”
- 36. 36 bl.uk What is a trade secret? Any formula, pattern, device or compilation of information used in business that affords an advantage over competitors who do not know or use it.
- 37. 37 bl.uk What is a trade secret? Any formula, pattern, device or compilation of information used in business that affords an advantage over competitors who do not know or use it.
- 38. How do I protect them? • Keep your production and manufacturing processes confidential • No disclosure of information • Perpetual protection i.e. there is no Expiry Date as long as you can keep the secret • Use non-disclosure agreements.
- 40. 40 bl.uk The world of design Industrial design Graphic design Stage design Costume design Fashion design Product design Packaging design Urban planning
- 41. 41 bl.uk What is registered design? “Registered design (also known as industrial design) cover those elements of a product that are aesthetic or ornamental – the way it looks or feels.” source ‘What is intellectual property?’ WIPO 2020. • To qualify the distinctive object or item must be new and unique. • It should be able to be manufactured (distinguishing it from artwork).
- 43. 43 bl.uk Searching for registered designs Community Designs at https://euipo.europa.eu/ohimportal/en Hague Agreement at http://www.wipo.int/designdb/hague/en/ Design View from EUIPO at https://www.tmdn.org/tmdsview-web/welcome To check your design is original you can search existing designs.
- 44. 44 bl.uk A registered design dispute Magmatic (Trunki ) – versus - PMS International (Kiddiecase)
- 45. 45 bl.uk A registered design dispute Trunki - Registered Design image Kiddieecase
- 46. 46 bl.uk Some advice; The images define the scope of protection afforded by a registered design, therefore what it protects will be limited in accordance with all features of the design shown in the images. Unless it is a fundamental part of the appearance of the product, it is advisable to avoid colour and contrasting tones (or shading) in the images for the application. Black and white line drawings of the product are strongly preferred since these will generally be interpreted as showing the external shape or contouring only. Courtesy of GJE Intellectual Property
- 47. 47 bl.uk Registered Design: Pros • Registration is cost effective; between £50 - £150 depending on format and number. • If your design becomes well known, it’s value increases so you can licence or sell it. • It can really help with marketing a new product. • You can cease outright copying (though not adapting). • You have unregistered design rights too but it’s advisable to register.
- 48. 48 bl.uk Registered Design: Cons • Protection for design elements tend to be very specific and therefore harder to defend broader copying. • Protection using copyright or unregistered rights maybe simpler. • For overseas protection you must register in the respective countries.
- 49. Copyright
- 50. 50 bl.uk Copyright • Prevents copying of artistic or written works eg. Paintings, books, films, music etc etc • Lasts up to 70 years after the creator’s death • Automatic right • Not registered • Free and instant
- 51. 51 bl.uk Copyright protection We strongly recommended that you mark your work e.g. © British Library 2020 • Create a record of the date • Deposit work with bank • Deposit work with solicitor • Use the new WIPO PROOF service https://www.wipo.int/wipoproof/en/
- 53. How to protect your copyright © Gwennol Designs
- 54. How to protect your copyright © Gwennol Designs
- 55. How to protect your copyright © Gwennol Designs
- 56. How to protect your copyright © Gwennol Designs
- 57. 57 bl.uk Copyright covers every form of creative output • Books, novels, technical reports, manuals • Paintings, sculptures, photographs • Music, songs, plays, dramatic works • Films, videos, television and radio broadcasts • Engineering, technical or architectural plans • Promotional literature, advertising • Computer software, databases
- 58. Who Owns Copyright? It’s not always you… If you pay someone to produce something (writing, artwork, photography)… they own the copyright by default… You need a contract to specify who owns what.
- 59. Who Owns Copyright? It’s not always you… All the work you create for your employer belongs to them - not you… Unless you do it in your own time and is not part of your job.
- 60. Can I use other’s copyright? • Always best practice to ask permission • Make sure you credit • Make sure you understand the terms and conditions • Just because it’s on the internet, doesn’t mean it’s free… https://www.flickr.com/photos/youngshanahan/17801207806/
- 61. 61 bl.uk Related rights • Moral rights • Performers' rights • Publication right • Database right http://news.bbc.co.uk Cash family blocks haemorrhoid ad
- 62. 62 bl.uk Exceptions to copyright • Non-commercial research or private study • Criticism, review or news reporting • Education and teaching • Archiving and preservation • Judicial and public administration • Accessible formats for disabled people. • Caricature, Parody or Pastiche. • Quotation (within reasonable limits). • Text and data mining. Anything out of copyright and therefore public domain! E.G. From Jan 2021 most of George Orwell’s works in the UK are out of copyright.
- 63. 63 bl.uk Exceptions to copyright • There are some exceptions to copyright… • Any using a creative commons licence • https://creativecommons.org
- 64. 64 bl.uk Free stuff you can use… • Wikimedia Commons https://commons.wikimedia.org • YouTube Audio Library https://www.youtube.com/channe l/UCht8qITGkBvXKsR1Byln-wA • The Internet Archive https://archive.org/web/ • Unsplash.com
- 65. 65 bl.uk Licensing – how to earn from your work • If you pay someone to produce something (writing, artwork, photography)… they own the copyright by default… • You need a contract to specify who owns what
- 66. 66 bl.uk Licensing – how to earn from your work • All the work you create for your employer belongs to them - not you… • Unless you do it in your own time and is not part of your job • You need a contract to specify who owns what
- 67. Trade Marks
- 69. You need to stand out in a competitive market
- 70. If you are successful people will copy you.
- 71. OK, let’s change our bottle shape to keep us distinctive
- 72. Dammit, they've only gone and copied us again…
- 73. Your name and logo are the only things your competitors can’t copy
- 74. The power of a Trade Mark Rolls Royce quality and luxury Starbucks ubiquity NHS trust and care Rolex aspirational
- 76. 76 bl.uk Everyone wants to have a name that describes their business……
- 77. 77 bl.uk ……but sometimes simpler is better
- 78. 78 bl.uk Trade Marks - Tips • Make up names are more likely to be distinctive e.g Adidas, Kodak, Waze • Do you need a tagline too? This can also be registered.
- 79. • Acompany name is not a trade mark • Adomain name is not a trade mark • Aregistered trade mark trumps everything except a household name • ATM mark is “totally meaningless” Trade Marks Myths Exploded
- 80. 1. Is it legal? 2. Is it available / not in use? 3. Is a good domain name available? 4. Is it memorable? 5. Is it evocative / appropriate to your activity? The 5 rules of Trade Marking
- 81. A bad name will kill your business?
- 85. 85 bl.uk Trademarks can be timeless! Édouard Manet – Un bar aux Folies-Bergère,1882
- 86. 86 bl.uk Trademarks can be timeless! Édouard Manet – Un bar aux Folies-Bergère,1882
- 87. 87 bl.uk Case study - Mascara • 1. Find the class… Class 3 - Skin care products etc • 2. Search for similar names… • 3. Find out who owns it… • How similar are the names, and who owns them? Indomitable
- 88. 88 bl.uk Case study - Mascara
- 92. 92 bl.uk Case study - Mascara • Add a word • Different image • Different type style • Different capitalisation? • Ultimately it’s a business decision… • How similar are the names… • And who the owners are
- 93. The Why Why should I protect my intellectual property?
- 94. 94 bl.uk Set a budget for your IP *Patent fees: £280 or around £4000 with an IP solicitor. *Trademark registration: £170 + £50 per class. *Registered design fees: £50 for one - £150 depending on number of designs. License agreements: You will need an IP solicitor. Costs will vary. Defending your IP: Set a budget for possible legal defence costs. *Source ipo.gov.uk. Fees are liable to change. Fees increase for paper applications. Renewal fees not included.
- 95. 95 bl.uk IP Attorneys Chartered Institute of Patent Attorneys http://www.cipa.org.uk Chartered Institute of Trade Mark Attorneys http://www.citma.org.uk
- 96. "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur" Red Adair.
- 97. 97 bl.uk Summary The IP you apply to register should be a commercial decision: • Patents are risky and expensive. • Registered designs give only very narrow protection. You should think carefully before applying for either of those. • Registering your trade-mark is a no-brainer by comparison. • Copyright can get complicated, but the general rule is, if you are collaborating with anyone to produce copyrighted material (including software), make sure you have a written contract stating just who owns all the IP rights. Rupert Lee (32 years of experience)
- 99. 99 bl.uk