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Patents
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Designs
MY
IP
Intellectual Property Office is an operating name of the Patent Office
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All information contained in this document was correct at the time of going
to print, and is available in alternative formats on request. For further
information please visit our website at:- www.ipo.gov.uk or contact us on:-
0300 300 2000
Intellectual property is generated
through intellectual or creative
activity. It includes patents,
r ty
trade marks, copyright
p e
o
and designs.
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tu a
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Like all
MY
t e l l e property,
you can lease
In IP
it, license it,
give it away or
sell it.
Intellectual Property
Patents Page 5
Copyright Page 13
Designs Page 15
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WELCOME
Throughout Throughout
Protection the UK the UK
2 w w w. i p o . g o v. u k / t y p e s . h t m
A Valuable Asset
Your IP is one of your most valuable business
assets. It can increase your competitiveness and
contribute to your businesses success and allow
you to make the most of its value.
Registered
Design Right Copyright
Life plus 70 years
Up to 25 (Broadcast and sound
Years recording copyright lasts
for 50 years, typographical
arrangement for 25 years)
Throughout
Throughout
the UK
the UK
and much of the world
g
What the product Music, art, film, literary
r
looks like works and broadcasts
w w w. i p o . g o v. u k / t y p e s . h t m 3
Protecting Your IP
Protecting your IP is very important for your
business success. Building a successful business
reputation using IP strategies is a large, but
necessary, commitment. Nevertheless, you
should remember that the better you protect your
intellectual property, the easier it tends to be to
enforce it.
4 w w w. i p o . g o v. u k / t y p e s . h t m
Patents
If you develop a process or a product that is new
or inventive and could be used in industry, in other
words, it can be made, then you can apply for a
patent.
w w w. i p o . g o v. u k / p a t e n t . h t m 5
You can get business
advice from a number
of regional business
organisations. See the
back of this booklet
Questions
Q. Is a patent the only way to protect my
invention?
6 w w w. i p o . g o v. u k / p a t e n t . h t m
Q. What are invention promotion companies?
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What to do and When
1. You prepare your ‘patent specification’ which
is a written description and drawings of your
invention with your claims for what it does and a
summary which includes all the important technical
parts of your invention.
7. You fill in and file form 10, along with the fee, no
later than 6 months from publication. This asks us
to carry out a substantive examination.
8 w w w. i p o . g o v. u k / p a t e n t . h t m
Trade Marks
A trade mark is a sign which can distinguish your
goods and services from those of other traders. A
sign includes, for example, words, logos, pictures
or a combination of these. You can use your trade
mark as a marketing tool so that customers can
recognise your products or services. As such, it
can be a very valuable asset for your business.
w w w. i p o . g o v. u k / t m . h t m 9
The trade mark ‘orange’
would not be allowed in
relation to trading fruit,
because the word is used
frequently in that line of
trade.
10 w w w. i p o . g o v. u k / t m . h t m
It is important for you as the owner of the trade
mark to protect your brand to make sure that no
one is using your mark without your permission.
You should also be aware of what other marks
are being applied for here in the UK, or at OHIM.
If you consider a mark to be too similar to your
registered trade mark, you can choose to oppose
it. You may want to consider using the services
of a Trade Mark Attorney to assist in looking after
your mark (contact details for the Institute of Trade
Mark Attorneys (ITMA) are given at the back of
this leaflet).
w w w. i p o . g o v. u k / t m . h t m 11
What to do and When
1. You prepare your trade mark application (on
Form TM3 which you can get in paper or electronic
form). You send the completed form to us along
with your fee and fee sheet FS2. The fee is not
refundable for any reason.
IMPORTANT:
12 w w w. i p o . g o v. u k / t m . h t m
The copyright in
literary, musical,
The copyright in artistic and dramatic
literary, musical, work will last for the
artistic and dramatic
creator’s lifetime plus
works will last for
the creator’s lifetime 70 years
plus 70 years.
Copyright
Copyright is an IP right which relates to the
expression of an idea, not the idea itself. For
example, anyone can write a story based on the
idea of a boy-wizard, but they cannot copy text
or illustrations from other books about the same
subject. Copyright can protect a drawing from
which you make an item and could protect the item
itself, for example a sculpture, but will not protect
the process by which you make it.
w w w. i p o . g o v. u k / t m . h t m 13
get permission either directly from the owner or
from an organisation which represents groups of
copyright owners who offer blanket licences to
users, in return for the payment of royalties.
14 w w w. i p o . g o v. u k / t m . h t m
Design means
physical appearance;
this right is not
concerned with the
function or operation
of the product.
Designs
Design relates to the physical appearance of an
item or part of it, and can apply to industrial as well
as handicraft items. This IP right is not concerned
with how the item works but concentrates on the
appearance resulting from the features of the
product or the way it looks. Contributory features
to a product’s appearance include:
► lines
► contours
► colours
► shape
► texture
► material
w w w. i p o . g o v. u k / d e s i g n . h t m 15
► Unregistered Community design offers
protection from copying the design on any item.
Protection lasts for three years after the design
has been made available to the public and covers
all EU countries. Like UK design right, it is an
automatic right which you do not need to apply for.
► it is offensive; or
16 w w w. i p o . g o v. u k / d
tmes
. hi g
tmn.htm
What to do and When
1. You have one year from first showing your
design to the public to assess whether it is
marketable. In this period your design is protected
by design right. If you then want to apply for
registered design status, you must do it no later
than 12 months from first showing the design.
w w w. i p o . g o v. u k / d e s i g n . h t m 17
And Finally, The Rules
Now you’ve finished reading My IP, you should
have a fair idea of how you can benefit from
intellectual property and why it is important for you
and your business to look after your intellectual
property rights.
Rule 1
Treat your IP as a business asset with a real
financial value.
Rule 2
Protect your IP as you would any of your other
assets.
18 w w w. i p o . g o v. u k
Rule 3
Keep a look out for infringers – they can profit from
your hard work and reduce your return from it. Be
prepared, as a last resort, to enforce your rights by
taking legal action if you cannot sort out a dispute
informally.
Rule 4
Be careful to avoid infringing the IP rights of others.
Rule 5
Understand the different types of IP and research
which ones apply to you and make full use of the
IP system.
Rule 6
Get independent, legal, financial and business
advice whenever necessary. Don’t leave it too late.
Rule 7
Communicate to get the best from your product or
service. Be an information gatherer! But remember
to keep your ideas confidential until they are fully
protected.
Rule 8
Be prepared to make your IP work for you.
Remember that you could profit by selling or
licensing your IP as well as producing a product or
providing a service yourself.
Rule 9
Don’t forget to use our IP Healthcheck diagnostic
tool (www.ipo.gov.uk/iphealthcheck).
w w w. i p o . g o v. u k 19
Treat your IP as a business
asset with a real financial
value.
20 w w w. i p o . g o v. u k
Quick Guide / Glossary
GENERAL
w w w. i p o . g o v. u k 21
PATENTS
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TRADE MARKS
w w w. i p o . g o v. u k 23
COPYRIGHT
DESIGNS
24 w w w. i p o . g o v. u k
Useful contacts
The following list contains some contact details
you may find useful. It is not a full list but it does
provide a good starting point.
w w w. i p o . g o v. u k 25
Intellectual Asset Centre (Scotland)
Website: www.ia-centre.org.uk
Phone: 0141 243 4920
Companies House
Website: www.companieshouse.gov.uk
Phone: 0303 123 4500
Nominet
Website: www.nominet.org.uk
Phone: 01865 332 244
Designing Demand
Website: www.designingdemand.org.uk
A business mentoring service from the Design Council - discover how
design can transform your business for free (workshops and up to five
days’ Design Associate support provided at no charge).
26 w w w. i p o . g o v. u k
Other Publications
Patents
1. Patents: Essential Reading
2. Patents: Application Guide
3. Patents: Basic Facts
Designs
4. How to Apply to Register a Design
5. Designs: Basic Facts
Copyright
6. Copyright: Basic Facts
Trade Marks
7. Trade Marks: Essential Reading
8. Trade Marks: Application Guide
9. Trade Marks: Basic Facts
Additional
10. Search and Advisory Service
11. Licensing Intellectual Property
12. Agreeing a Price for Intellectual Property Rights
13. Confidential Disclosure Agreements
w w w. i p o . g o v. u k 27
IPInsight
www.ipo.gov.uk/newsletters.htm
© Crown Copyright 2007
Concept House
Cardiff Road
Newport
NP10 8QQ
www.ipo.gov.uk