24 June 2014: Intellectual Property Office


Published on

Intellectual Property Office presentation from 24 June 2014 Innovation Network event in Cardiff

  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

24 June 2014: Intellectual Property Office

  1. 1. Intellectual Property The Value Within Business Outreach & Education Dave Hopkins @The_IPO
  2. 2. IP Baseline Survey 96% of UK businesses do not know the value of their Intellectual Property Rights Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent 74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor Only 4% of UK businesses have an Intellectual Property policy
  3. 3. What is intellectual property? Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties
  4. 4. Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties Trade marks
  5. 5. A Registered Trade Mark is... Any sign which is capable of being represented graphically Any sign which is capable of distinguishing the goods or services of one undertaking from another “A Badge of Origin”
  6. 6. What can be registered? Smell Colour theme Shape theme Domain name Slogan Name Logo Non-traditional Music
  7. 7. Limited Company names Trade Mark registration is not company name or domain name registration A domain name may be registered as a Trade Mark Incorporating another’s RTM into your domain name or meta-tag may be an infringement
  8. 8. Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems
  9. 9. UK Applications Fees: Application fees: £170 – Includes one Class Additional Classes £50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months
  10. 10. Trade Mark Registration Overseas Paris Convention - six months priority OHIM – Community Trade Mark e-filing fee €900 Madrid Protocol
  11. 11. Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties Registered designs
  12. 12. 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 (ie: no design freedom)
  13. 13. Multiple Applications £60 for first design (£40 application + £20 publication) £40 for subsequent designs (£20 application + £20 publication Renewal fees every 5 years Maximum term 25 years
  14. 14. Registration Overseas Paris Convention – 6 Months OHIM - Community Design Hague Agreement (1/1/2008)
  15. 15. Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties Patents
  16. 16. Criteria for ‘patentability’ Patents are for “technological innovation”, though the Patents Act 1977 fails to define the word “invention” Inventions must be new - not known anywhere in the world prior to the filing date Inventions must have an ‘inventive step’ - not obvious, a simple adaptation or combination Inventions must be industrially applicable and have a ‘technical effect’
  17. 17. What is a Patent ? State Inventor A Bargain Fees Technical Description Exclusive Rights 20 years
  18. 18. Patent fees Application fee – £30 or £20 (Electronic filing) Search Fee - £150 or £130 (Electronic filing) Examination fee - £100 or £80 (Electronic filing) Renewals 5th Year - £70 10th Year - £170 20th Year - £600
  19. 19. Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC)
  20. 20. Patent Box The HMRC Patent Box enables companies to apply a lower rate of Corporation Tax to profits earned after 1 April 2013 from its patented inventions and certain other innovations Must hold a Qualifying Patent (IPO, EPO) or licence Patent must be granted (can be back dated up to 6 years) Profits from worldwide income Applies to profits before costs (routine costs deducted) http://www.hmrc.gov.uk/ct/forms-rates/claims/patent- box.htm
  21. 21. R & D Tax Credits Designed to encourage greater R&D spending, leading in turn to greater investment in innovation. Two schemes for claiming relief • The Small or Medium‐sized Enterprise (SME) Scheme • The Large Company Scheme http://www.hmrc.gov.uk/ct/forms-rates/claims/randd.htm The value of relief claimed for 2010/12 was £1.1bn (£340m in SME claims, £750m in large company relief claims). http://www.hmrc.gov.uk/stats/corporate_tax/rd-introduction.pdf
  22. 22. Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties Copyright
  23. 23. What Copyright protects Books, technical reports, manuals, databases Engineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic works Promotional literature, advertising Films, videos, cable or radio broadcasts Computer software
  24. 24. Who owns Copyright? Usually the first creator or author... …or their employer if produced in the ordinary course of their employment However, a contractor will retain ownership unless their contract is explicit to the contrary Even if the creator sells their rights, they have ‘moral rights’ over how their work is used
  25. 25. How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years TV & radio broadcasts: 50 years from first broadcast Sound recordings: 70 years from first publication Published editions(typographical layout): 25 years from first publication Films: 70 years after the death of the last of: director, composer of any music specifically created for the film, the author of the screenplay and the scriptwriter Uploading a work which is out of copyright to the internet may create new copyright so don't assume it is copyright-free if you want to use it.
  26. 26. Registered Design Copyright: labels & artwork ® Registered Trade Mark ‘TM’ unregistered Patents: several dozen! Bringing it all together
  27. 27. www.ipo.gov.uk - 0300 300 2000
  28. 28. •A free, interactive e-learning tool, 4 short Modules •Helping advisors increase their knowledge in identifying IP assets •IPO certification on completion •A basic overview of IP at your fingertips at anytime •Portable pocket solution to help top up your IP knowledge •Download from the Apple store iTunes & the Android app store •Free and confidential online diagnosis tool •Help your business grow through Licensing, Exploiting & Franchising •Identifying and adding value to your IP assets •A series of free business guides to understanding IP •Explaining the different types of IP rights & how to protect them •A great starting point for those beginning their IP journey •Accredited interactive course with in depth training on IP •Available in person and online (coming soon) •Study Guides and downloads