www.careers.ncl.ac.uk the importance of intellectual property salome mcveigh & claire adamson...

www.careers.ncl.ac.uk

The Importance of Intellectual Property

Salome McVeigh & Claire Adamson

Business Start-up Team

Careers Service


Session Outline

Survey of your current understanding What is intellectual property and why is it important? How do you protect Intellectual property? Team Exercise to identify types of IP within everyday

objects Guest Speaker (Max Robinson). Timing

Introduction to IP (1 hour) Max Robinson Entrepreneur In Residence (30 mins) Phil Harley Business Development (15 mins) Questions (15 mins)

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Objectives

By the end of the session you will have been: Introduced to the concept of IP and its

importance in business Made aware of all 5 forms of IP Have developed the skills necessary to

recognise forms of IP in any product/ service.

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Exercise 1

What do you understand by Intellectual Property (IP)

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Types of IP

Patents Copyright Trade Marks Design Confidential information/ know-how.

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What is a Patent?

Patents are available for any invention whether it’s a product or a process provided the invention is: New Involves an inventive step (not obvious to

someone with good knowledge of subject) Capable of industrial application

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Patents (Exercise 2)

What is Patentable?


How does a Patent work?

A Patent is a legal document that gives the owner of that patent a monopoly over the manufacture, use, import or sale of the invention claimed in the Patent.

In the UK (unless invalidated and provided the renewal fees are paid) the right is for 20 years from the date of filing the Patent Application.

The owner can exploit the IP commercially, and is protected in law, from competitors who might otherwise copy it. Anyone other than the patent owner who wishes to use the invention(s) must obtain the owner’s permission, who will require a financial return for giving such permission.

The state benefits from the contribution made to the economy by new products.

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How is a Patent obtained?

1. Prepare and file ‘patent specification’ - include description and drawings of your invention. This asks IPO to grant you a patent.

2. You receive receipt confirming date application received

3. IPO carry out examination to ensure application meets requirements

4. Within 12 months of filing date - submit a form requesting that IPO carry out searches. IPO search for inventions like yours and will send you report detailing findings

5. IPO publish your patent application 18 months after your filing date

6. You file a further form no later than 6 months from publication requesting that IPO carry out substantive examination

7. IPO will let you know about any changes which are needed

8. If your application meets our requirements, the IPO will grant your patent, publish it in its final form and send you a grant certificate.

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The grant is territory restricted. That is a patent granted in the UK IPO is effective only in the UK.

To protect a Patent outside of the UK you would need to apply for e.g. a European or International Patent.

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Timeline & Costs

Timeline:

It can take 3-4 years from filing to grant

Any granted patents not exploited within 5 years may be revoked

Costs: The normal amount the UK IPO charge to process a UK patent

application is £200. It is free to apply for grant of a patent £30 (application fee) for a preliminary examination £100 for a search £70 for a substantive examination

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Patent Hints

Do not make details of your invention known before filing

If you want to work with others e.g. potential investors use Non Disclosure or Confidentiality Agreement

Do research yourself:

ww.ipo.gov.uk

[email protected]

www.ideas21.co.uk

Free advice is available from the UK IPO or your local Patent Advice Centre (Northumbria University)

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What is Copyright

A right to prevent unauthorised reproduction of your original works and to recover damages for infringement

Un-registerable right in most of the world Registerable in the USA

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What is copyright?

Copyright is the automatic right – no forms to fill in as it is automatic – provides people who produce creative work to take ownership over what they have created

The C in a circle is internationally recognised

Copyright is used by a wide range of people – authors, artists, musicians – lasts for 70 years after authors death

As a property rights to works can be passed on as part of an estate sold licensed or given away

Copyright material can earn revenue long after the original author has passed away

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Who uses Copyright?

Authors, Artists, Photographers Musicians

We all use copyright

As an automatic right it is up to the rights owner to prove he/she has been copied

Rightful owner can stop others from using but you have to prove ownership – retain

original!

Musicians rely upon rights as a means of earning royalties from their creations

Copyright also protects the moral rights of the owner – to be identified and have some say

in how their work is used

You can protect your work with a few simple steps

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Copyright-restricted acts

Copying the work Issuing copies of the work to the public Rent or lend copies of the work Perform, show or play the work in public Broadcast or include the work in a cable

programme Make an adoptation of the work©


Copyright-Software specific permitted acts

Making of back-up copies De-compilation to obtain otherwise

unavailable interoperability information Necessary copying or adaptation by lawful

user (e.g. to correct errors)

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Exercise 3


Trade Marks

A badge of origin, a sign which is capable of distinguishing goods or services of one company from those of another

Distinguished by an R in a circle. Trade marks are the only form of intellectual Property which can last forever provided they are kept in force

As a society we are brand aware and TMs provide the opportunity for us all to effectively brand ourselves and to protect our brands.

Related classes through registration-

Lotus Car example ©


What can be registered

Name Shape

Domain Name Slogan

Colour Logo

Music

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Slogans as registered Trade Marks

Just Do It

I’m Lovin it

Don’t leave home without it

Always cutting prices

Work, Rest & Play

Once you pop, you can’t stop ©


Invented Words

Often the best – successful business that have invented words

No relationship to the product or service which they either sell or operate

Amazon Priceline

Google U-tube

E-bay E-toys

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(Colours as Trade Marks)

Tele-communications Road assistance Chocolate! Baked Beans Petrol

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Trade mark Hints

Create distinctive brand – this is your opportunity to create a brand identity.

Check up on the Patent Office database to establish if others have adopted this

brand or something similar

Your brand will exist in a class which is the most appropriate for your field of

business

Do your ground work before you set up a business mistakes are expensive to

rectify and can destroy consumer confidence

DIY but you may need to use the services of a Trade mark agent who can add

value to your application

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Trade Mark Quiz

Exercise 4


Exercise 4 answers

1. World Wildlife Fund2. NatWest3. Terrys Chocolate Orange4. Head5. Hush Puppies6. Penguin Books7. Anchor Butter8. Halifax9. Strongbow10. Coco Chanel11. Ferrari12. Switch13. Adams14. Dulux


Exercise 4 answers

15. Mr Wimpy16. Woodpecker Cider17. Heinz18. Fred Perry19. Adidas 20. Windows21. Birds eye22. Timberland23. Dorling Kindersley24. Open University25. Weetabix26. Dolby27. Laughing Cow28. Gucci29. Kodak30. Colmans Mustard


Registered Design

Protects the external appearance of a product

In a crowded market place good design makes your product stand out

Simpler and cheaper than patent or trade mark

Lasts for 25 years and costs £60 for the first five years

Registration available across the EU ©


Registered Designs

Protects shape or configuration (3-D)

and/or pattern or ornamentation (2-D) No protection for function, materials

or technology of manufacture No protection when form is dictated

by function (i.e.: no design freedom).


Registered Design


Registered Designs

Royalties for past sales of £103,302.81

£46,750 towards costs

A licensing deal has now been agreed

Alice Welch MD said in January 2006 “having built our brand on a strong design history, it is critical to us that our customers do not mistake an inferior product/copy to be our design. Therefore we at Robert Welch take IP very seriously and will pursue anybody who copy/pass off our designs”

Useful link www.acid.co.uk


Confidential Information/Know-how

What is know how? Information, trade secrets, test methods,

experiments and results. Know how can only be protected by means of

a careful control and a confidentiality agreement.

Keeping something secret is often the best option…..

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Round up

Nokia N-series


Round up Exercise

Watch … how many types of IP apply…

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