Beginner's Guide to Intellectual Property

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    Beginner's Guide to Intellectual Property - Presentation Transcript

    1. Welcome to the Business & IP Centre
    2. Welcome to the Business and IP Centre
      • A vital resource for entrepreneurs, innovators and business researchers
      • Largest free collection of business and patent information in the UK
      • The British Library holds 150 million items
      • Help from Information Specialists
      • In-depth priced research
      • Workshops, Events & Networking
      “ ..invaluable in helping me to get the information I needed to develop my business plan” Matthew Lewis Founder & MD, Funkyfins
    3. A few of our success stories “ This is a very special resource and I feel privileged to have access to it” Dee Wright Founder of The Hairforce
        • “ The Market Research Resources at the centre helped us put together our first business plan, with which we were able to convince NESTA to award us a £35,000 grant to start the business up.”
        • Richard Woods
        • Co-founder of DIY Kyoto
      “ I had no background in food and drink, so I spent six months in the Library researching the market..” Adam Pritchard Founder & MD, Pomegreat
    4. Feedback Forms
      • Please fill in the feedback forms
      • Funding from the London Development Agency
    5. Housekeeping
      • Fire alarms
      • Toilets
      • Using the collections
      • Using the workshop rooms
    6. A Beginner’s Guide to Intellectual Property Philip Eagle
      • 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
    7. What Is Intellectual Property?
      • Intellectual Property (IP) is protection for Creativity and Innovation
    8. Intellectual Property
      • 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
      • Copyright – Artistic or written works eg. Paintings, books, films, music etc.
      • One product can be protected with many forms of IP
    9. Registering Intellectual Property
      • Patents – UKIPO United Kingdom Intellectual Property Office (formerly The Patent Office)
      • Trade Marks – UKIPO
      • Designs – UKIPO
      • Copyright is automatic and is not registered
    10. Patents
      • Protect how something works or how it is made
      • Must be new
      • Must not be obvious
      • Must have a useful application
      • Should be Better or Cheaper or Different
    11. Patents
      • Granted by a country or by a group of countries (eg European Patent Office)
      • Are country or region specific
      • Can be bought, sold or licensed
      • Do not last forever – 20 years standard
      • Cost of a UK patent starts from £200 + extras (eg. Patent attorneys, renewal fees etc)
    12. Unpatentable Subjects in Britain
      • Business concepts or procedures
      • Scientific laws or discoveries
      • Problem-solving methods or ways of displaying information
      • Rules for games
      • Computer software
      • Animal or plant breeds/varieties
      • Medical procedures (but drugs, surgical instruments etc can be patented in themselves)
    13. Obtaining a Patent
      • Confidentiality
      • Required Information
          • Full technical description of invention
          • Claims defining monopoly being sought
          • Drawings
          • Abstract (technical summary)
    14. British Patent Application Procedure First publication of specification ‘A’ Grant of patent Second publication of specification ‘B’ 18 months after filing Up to 4.5 years after filing Application filed Full examination Preliminary examination & search Deadline for foreign applications 12 months after filing
    15. Patent myth
      • There is no such thing as a World Patent However ...
      • There is a 'shortcut' which allows you to file an application for protection in several countries in one go (PCT application). 
      • But this does not result in a World Patent
    16. Prior-Art Searching
      • Must search for novelty
          • Espacenet database
          • http://ep.espacenet.com/
          • Derwent Innovation Index database
      • BIPC Staff available to show how to search databases
      • Patent Searching Workshops are provided at The British Library
    17. Trade Marks
      • Distinguish ownership of a product or service
      • Name, Logo, Slogan, Domain Name, Shape,
      • Colour, Sound, Smell
      • Distinctive for the goods or services
      • which you are applying to register it for
      • Different from rival
      • Can not give false impression
      • Registered in a country or group of countries
      • Are country or region specific
      • Can be bought, sold or licensed
      • Can last forever
      • Cost of a UK TM starts from £200 + extras (renewal fees etc)
      Trade Marks
    18. Registered trade mark rights
      • Different proprietors can use the same mark
      • Swan rental cars
      • Swan matches
      • Swan electricals
    19. Unregistered Trade Marks
      • Trade Marks do not have to be registered
      • Registered trade marks can use ®
      • Unregistered trade marks use ™
      • Problems arise in cases of litigation for unregistered trade
      • marks
    20. Grounds for refusal (in the UK)
        • Wording that describes the product or service
        • Common surnames
        • Geographical names
        • Implying royal patronage
        • Names or pictures of famous people or characters
        • Words that would prejudice public order, e.g. blasphemy
        • Registered company or domain names
        • “6ter” Prohibited marks, e.g. armorial bearings flags and other state emblems
    21. Examples of trade marks
    22. Registered designs
      • Distinctive look of object or item
      • Must be new
      • Must be unique
    23. Registered designs
      • Registered in a country or group of countries
      • Are country or region specific
      • Can be bought, sold or licensed
      • Do not last forever – 25 years standard
      • Cost of a UK Design starts from £60 + extras
    24. Registered designs
      • A grace period of 12 months is permitted before applying for rights.
      • If not registered, Design Right applies – 15 years
      • The word ‘design’ is
      • often loosely used,
      • hence we use
      • Registered design
    25. Examples of registered designs
    26. Copyright
      • Prevents copying of artistic or written works eg. Paintings, books, films, music etc.
      • Can be bought, sold or licensed
      • Lasts up to 70 years after the author’s death
      • Automatic right
      • Not registered
      • Cost is free
    27. Copyright
      • Recommended that work is marked: © Joe Bloggs 2007
      • Create a record of the date
          • Deposit work with bank
          • Deposit work with solicitor
          • Send by registered mail to yourself
    28. Copyright
      • 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
    29. Exceptions to Copyright
        • Copying for non-commercial research or private study
        • Quoting for critique or review, with acknowledgement of the
        • source
        • Reproducing an artistic work by hand as a class assignment
        • in an educational establishment
        • Making a copy for a visually-impaired person if no
        • accessible version is commercially available
        • Time-shifting of radio or TV broadcasts
    30. Copyright
      • Copying
      • Adapting
      • Publishing
      • Renting
      • Performing
      • Broadcasting
    31. Sources of IP information
      • The British Library – BIPC http://www.bl.uk/collections/patents.html http://www.bl.uk/bipc/ [email_address]
      • The UK Intellectual Property Office http:// www.ipo.gov.uk / [email_address]
      • The British Library – Research http://www.bl.uk/research [email_address]
    32. Here to Help…

    + PhilipEaglePhilipEagle, 2 years ago

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