IP, Trade Marks, Copyright and Design

PatentsTrade MarksCopyright Designs

BOOT CAMP

What are PATENTS?

A new or inventive process or product that could be used in industry.

Patent rights make it illegal for anyone except you (the owner) or someone with your permission to make, use, sell or import the invention in the country where the patent was granted.

What do Patents cover?

• Products or Processes that contain NEW functional or technical aspects focused on:

HOW things workHOW they are madeWHAT they are made of

What can be patented?

YOU CAN PATENT inventions if they are: • New• Inventive (not simple modifications)• Could be made and used in industry. YOU CAN’T PATENT• Science, maths, theories or methods• Literacy, musical, art works• Methods in medical practice.

Confidentiality agreements WARNING – how to reveal your idea

If you reveal your idea too early in any way (through conversation, web, advert etc) before applying for a patent you MAY LOSE the potential of a patent! A ‘confidentiality agreement’ will protect you against this which will allow you to speak to someone such as a potential investor. Solicitors can prepare this for you.

If you made your invention while at University OR whilst you were employed you should seek legal advice to see whether the University or Employer has any rights to your invention.

Key considerations when applying for Patents?

• Applying for Patents is a very costly exercise, therefore you need a sound business plan to identify it’s commercially viable.

• The benefits of having IP rights is that you can sell, lease and collect royalties, market yourself etc, however there is no guarantee your invention will be commercially successful

Patent Rights

• If you are granted a patent it is YOUR responsibility to enforce it, there is no organisation who will enforce it on your behalf.

• There is no legal requirement to mark a patented product, however it is illegal to mark a product ‘patented’ if it is not.

Trade Marks

• Trade mark’s are signs that make your business recognisable: e.g. Tesco's,

McDonalds, Easy Jet, Odeon, Amazon (you can visualise their logo’s – this is their

trademark). • WORDS are also associated with Trade Marks

so Tesco’s = Every Little Helps McDonalds = I’m Loving it

Why have a trade Mark?

• No one can use your mark on goods and services in the CLASSES for which it is registered.

• E.g. You couldn’t set up a corner shop called ‘SOME ARE FIELD’ as this is too close to ‘Somerfield’ or a fast food shop called ‘McDunalds’ etc or use their logo or go too close to their logos.

Rules to registering a trade mark

• Your trade mark MUST be: • Distinctive for your goods/service• Not the same or similar to any other

registered trade mark for the same/similar type of goods/service.

• The trade mark MUST be something which the public could recognise as a trade mark.

To trade mark or not to?

• You do not HAVE TO register a trade mark, unregistered trade marks will have certain rights under common law and you can use the TM symbol.

• Registered Trademarks can use the ® symbol (registered)– this will then make

it easier for you to enforce your rights, although you will have to pay a renewal fee every 10 years.

Company Names & URL’s

• Even if you register a domain name on a website and have registered a company name with companies house it does NOT mean that this automatically is accepted as a TRADE MARK and do not necessarily give you exclusive rights to use that name.

• HOWEVER – you should be careful when considering a company name/domain name that it does NOT infringe on someone else’s registered trade mark.

COPYRIGHT

Copyright is an IP with RELATES to the expression of an idea.

It does not cover the IDEA itself. (see IP).

COPYRIGHT protects…

• Copyright will protect things like sound recordings, films, broadcasts, original art, music, drama, literary works, photographs, websites, books, videos, maps, logos etc.

COPYRIGHT is automatic

• There is no application procedure or fee to pay

• You can use the © followed by your name and date it was created.

• A dated copy can be banked with a solicitor or bank to establish beyond

doubt when the work was created or post it special delivery to yourself

What can I do With copyright?

• Copyright gives you the right to license it or sell it.

• If you want to use someone else’s copyright material in your business you need permission from the owner or organisation which represents groups of copyright owners.

DESIGNS

• Design – the PYHSICAL appearance of an item or PART of it.

• Can apply to industry as well as one off items/craft items.

• Design is an IP concentrating on appearance/the look.

Features to a DESIGN

• Things that are commonly associated to design’s include:

• Lines• Colours• Shapes• Textures• materials

REGISTERED DESIGNS

• A registered design last for 5 years in the UK and can be renewed (upto 25 years).

• There is a fee for this and you would go through the Design Registry. You have just one year from publicly disclosing it to registering it as a new design.

RCD – registered community design

• Offers protection in the European Union

• Renewal every 5 years (up to 25 years).

• Fee payable

UK DESIGN RIGHT

• Only covers 3D items – 2d items such as patterns are not protected.

• Lasts up to 15 years from the date the design was created.

• NO FEE – this is an automatic right

UNREGISTERED COMMUNITY DESIGNS

• Protects against copying the design onto any item.

• Lasts for 3 years ONCE the design is made public

• Covers all EU countries• NO fee or application – this is an

automatic design right

How will my design qualify?

• Your design must be:•

• NEW – not be the same or too similar to anything else available to the

public. • INDIVIDUAL IN CHARACTER – different

for previous designs.

You CAN’T register a design if…

• You first disclosed your design MORE than a year ago.

• The design is dictated only by how the product works

• The design includes parts of complex products not seen in normal use (e.g. inside components of a mobile phone)

• It is offensive, uses emblems or flags.

IP –IT’S SO IMPORTANT

• TREAT YOUR IP AS A BUSINESS ASSET WITH REAL FINANCIAL VALUE

• PROTECT YOUR IP AS YOU WOULD ANY OF YOUR OTHER ASSETS.

• SEEK PROFESSIONAL/LEGAL ADVICE IF IN DOUBT WITH IP ISSUES.

SYMBOLS

® symbol = mark is REGISTERED

It is an offense to use this mark if the symbol is NOT REGISTERED somewhere in the world.

© copyright mark

• Copyright is claimed in whatever bears it – however to strengthen your position ensure you have properly documented your name and date it was first published.

IP HEALTH CHECK

• Free on-line diagnosis

www.iop.gov.uk/iphealthcheck