Michael Harrison: Registrable Rights

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Michael Harrison's contribution to the Bmedia IP seminar of the 17 Nov 2009. Dr Harrison is principal of Harrison IP a firm of patent and trade mark attorneys and a former president of the CIPA.

Michael Harrison's contribution to the Bmedia IP seminar of the 17 Nov 2009. Dr Harrison is principal of Harrison IP a firm of patent and trade mark attorneys and a former president of the CIPA.

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Transcript

  • 1. Registered IP Rights
    Presented by
    Michael Harrison
    Harrison IP
  • 2.
  • 3. Intellectual Property Rights
    • Checking (others) rights
    • 4. Getting (your) rights
    • 5. Enforcing (your) rights
  • Intellectual Property Rights
    Patent – How it works
    Registered Design – What it looks like
    Trade Mark – What you call it
  • 6. COMPOST BIN
  • 7. COMPOST BIN
    Patents – panels each with male and female connecting elements
    Registered Designs – appearance of e.g. Fig 6 version
    Trade Marks - ROTOCROP
    Initial Consultation - £ NIL
  • 8. Checking Rights - Searches
    Patents: keywords: compost, bin, panel, sliding
    - £200
    RegisteredDesigns: official records - £75
    TradeMarks: GB/CTM - identical - £75 - clearance - £250
    Total search costs = £ 500
    You can pay more = £ 500 x 10 = £5000
  • 9. Initial Filings in UK
    Patents £1000 file before public disclosureto £2000
    Registered £300 can wait (one year’s grace)
    Designs
    TradeMarks £450 can wait (establish market)
    Total filing costs = £2250
    Total costs to date = £2750
  • 10. Months
    Invention made
    Searches
    Priority UK filing
    Completion PCT filing
    Publication
    Preliminary examination
    Entry into national/regional phase
    Grant
    Renewals
    -3
    -1
    0
    12
    18
    19
    30
    42 - 45
    48 - 240
    £500
    £1000 - £2000
    £3000 - £5000
    £1500, but optional
    £2000-3000 per country
    £500 - £1000 per country
    Increase each year
    Australia Canada Europe Japan USA etc
  • 11. Registered Design Costs
    GB £300
    EU £750
    US £2000 - £3000 (design patent)
    Other £600 - £1200
    RenewalsGB – every 5 years - £250 to £575
    USA – none
    Other – every 1-5 years - £100 to £500
  • 12. Trade Mark Registration Costs
    GB £550
    CTM £2500 (including GB)
    Other £1000
    Renewals every 10 years
    GB – £350
    CTM – £2000
  • 13. Controlling Costs
    • Patent re-filing
    • 14. TM and Reg Des filing delay
    • 15. Territorial
    • 16. Patents: Prosecution delay
    • 17. Trade Marks: Additional classes
  • 18. Patents – full lifetime
    Main renewal costs
    Countries
    GB, DE, ES, FR, IE, IT NL, US. CA, CN, JP, KR
    GB – PCT – EP – national
    Filing and exam stages
    £1000s
    Year after filing
  • 19. Stopping infringers - patents
    PatentsCourt £500,000
    Patents County Court £100,000 - £500,000
    But costs of other party
    Registered Designs and Trade Marks:
    less costly but still expensive