The document provides an overview of intellectual property and how to protect business ideas and innovations. It discusses the six main types of intellectual property - patents, trademarks, designs, copyright, know-how, and trade secrets. For registered intellectual property like patents, trademarks, and designs, the document outlines the application and registration process with intellectual property offices. It emphasizes doing prior art searches, seeking legal advice from intellectual property attorneys, and setting a budget for intellectual property protection and defense. Overall, the document aims to help businesses understand intellectual property essentials and make good decisions about intellectual property strategy.

1. How do I protect
my business with
Intellectual
Property?
Neil Infield
Manager
Business
& IP Centre
neil.infield@bl.uk

2. http://www.slideshare.net/infield/

3. Disclaimer
• 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.
We will help you make good decisions based on essential
knowledge

4. Genius is
one percent
Inspiration,
99 percent
Perspiration
Thomas
Edison

5. Sadly a genius idea isn’t always a success

6. Intellectual Property (IP)
is protection for
Creativity and
Innovation

7. Intellectual Property
There are six types in total - three you can register:
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

8. Intellectual Property
And there are three that you don’t:
Copyright – Artistic or written works eg. Paintings, books,
films, music etc.
Know how – The practical knowledge of how to get
something done.
Trade Secrets – Confidential information which is not
generally known to the public and is subject of reasonable
efforts to keep it secret.

9. Can you spot the 5 forms of IP here?
The pause that refreshes
patent
design
trade mark copyright
trade
mark
trade secret

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14. 65 slogans and counting
1886
Drink Coca-Cola
1929
The pause that refreshes
1969
It's the real thing.
2016
Taste the Feeling
Jul 2020
Be Open Like Never Before

15. Intellectual Property in the UK
UK IPO is the government body responsible for
registering all intellectual property in the United
Kingdom.
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom
information@ipo.gov.uk
0300 300 2000
www.ipo.gov.uk

17. How can I Protect a Business idea?
…
Answer - you can’t
• A business idea on it’s own is
not protectable
However…
• The physical manifestationof
the idea may be protectable
• Who was first? The pig or the
pigeon?

18. A story about a boy
orphaned as a baby. Who
is adopted by cruel
relatives. As he grows up
he discovers he has
magical powers. With help
from outsiders he goes to a
school for wizards…and has
lots of adventures…
idea manifestation

19. Patents
A patent protects an invention

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A patent protects an invention;
how it works or how it’s made
To qualify an invention must be:
• New – i.e. never seen before
• It must not be obvious (complicated!)
• It must be capable of being made or used in
some kind of industry (no fantasy inventions)
• It should be Better or Cheaper or Different
(otherwise - why bother?)

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Can you guess the
patent?

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Can you guess the
patent?

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What cannot be patented
• literary, dramatic, musical or artistic works
• a way of doing business, playing a game or thinking
• a method of medical treatment or diagnosis
• a discovery, scientific theory or mathematical method
• the way information is presented
• some computer programs or mobile apps
• ‘essentially biological’ processes like crossing-breeding plants, and plant or
animal varieties.
Source: https://www.gov.uk/patent-your-invention

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Can you guess the
patent?

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Can you guess the
patent?

26. Confidentiality
• You must keep your invention idea secret until the
application for a patent is made!
• Use non-disclosure or confidential disclosure
agreements:
• https://www.gov.uk/government/publications/non-
disclosure-agreements
• *Be wary of “invention promoters”

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Step 2: Prior Art Searching
A search to determine novelty.
A basic Internet search is a good way to start a prior-
art search.
If the invention already exists and is being
commercialised then hopefully the vendor will have
an Internet presence – website, social media etc.
You should also search for existing
patents.
https://worldwide.espacenet.com/
And look in
industry trends.
The BIPCs can help
you.

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Searching on Espacenet

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Prior art is anything in existence

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Legal Advice
• Most IP lawyers offer free 30mins advice.
• It’s recommended to seek an IP attorney for
a new patent application.
• You can find a local patent attorney at
https://cipa.org.uk/
“Only 1 in 20 patent applications filed
without the help of an IP professional
successfully reach grant.”
Source: https://www.ipo.gov.uk/p-apply-before.htm

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Patents: Pros
• You have a state granted
monopoly on your invention
for usually 20 years
• It is property you can
commercialise and prevent
others from using (in your
protected territories)
• You are protected from the
date of filing meaning you can
disclose and begin to market.

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Patents: Cons
• The full application and
approval process to reach grant
can take up to five years
allowing for opposition
• You need to pay to defend any
infringement
• Your invention will be disclosed
to the public, meaning
competitors can innovate from
your invention
• Patenting is expensive. £4000
with legal fees. At least £50k
for wider international
protection.

33. Know How and Trade
Secrets

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What is
Know-how? • The practical
knowledge of how to
carry out a process,
perform an operation
etc.
• The information not
necessarily included in
the patent for example,
but required to
complete the work
• It can also be things like
your network,
partnerships,
experience, skills,
technical advantage.

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James May to Samurai sword maker:
“I would like to be your apprentice”
Sword maker: “It takes ten years to
learn how to make a Samurai sword.”
James May: “Oh, perhaps not then…”

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What is a trade secret?
Any formula, pattern,
device or compilation
of information used in
business that affords
an advantage over
competitors who do
not know or use it.

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What is a trade secret?
Any formula, pattern,
device or compilation
of information used in
business that affords
an advantage over
competitors who do
not know or use it.

38. How do I protect them?
• Keep your production and
manufacturing processes
confidential
• No disclosure of information
• Perpetual protection i.e. there is no
Expiry Date as long as you can
keep the secret
• Use non-disclosure agreements.

39. Registered Designs

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The world of design
Industrial design Graphic design
Stage design
Costume design Fashion design
Product design Packaging design
Urban planning

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What is registered design?
“Registered design (also
known as industrial
design) cover those
elements of a product
that are aesthetic or
ornamental – the way it
looks or feels.”
source ‘What is intellectual property?’ WIPO
2020.
• To qualify the distinctive object or item must be new and unique.
• It should be able to be manufactured (distinguishing it from artwork).

42. How is design
used?

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Searching for registered designs
Community Designs at
https://euipo.europa.eu/ohimportal/en
Hague Agreement at
http://www.wipo.int/designdb/hague/en/
Design View from EUIPO at
https://www.tmdn.org/tmdsview-web/welcome
To check your design
is original you can
search existing
designs.

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A registered design dispute
Magmatic
(Trunki )
– versus -
PMS
International
(Kiddiecase)

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A registered design dispute
Trunki -
Registered Design
image
Kiddieecase

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Some advice;
The images define the scope of protection afforded by a
registered design, therefore what it protects will be limited in
accordance with all features of the design shown in the
images.
Unless it is a fundamental part of the appearance of the
product, it is advisable to avoid colour and contrasting tones
(or shading) in the images for the application.
Black and white line drawings of the product are strongly
preferred since these will generally be interpreted as showing
the external shape or contouring only.
Courtesy of GJE Intellectual Property

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Registered Design: Pros
• Registration is cost effective; between £50 -
£150 depending on format and number.
• If your design becomes well known, it’s value
increases so you can licence or sell it.
• It can really help with marketing a new product.
• You can cease outright copying (though not
adapting).
• You have unregistered design rights too but it’s
advisable to register.

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Registered Design: Cons
• Protection for design elements
tend to be very specific and
therefore harder to defend
broader copying.
• Protection using copyright or
unregistered rights maybe
simpler.
• For overseas protection you
must register in the respective
countries.

49. Copyright

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Copyright
• Prevents copying of artistic or written works
eg. Paintings, books, films, music etc etc
• Lasts up to 70 years after the creator’s death
• Automatic right
• Not registered
• Free and instant

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Copyright protection
We strongly recommended that you
mark your work
e.g. © British Library 2020
• Create a record of the date
• Deposit work with bank
• Deposit work with solicitor
• Use the new WIPO PROOF service
https://www.wipo.int/wipoproof/en/

53. How to protect
your copyright
© Gwennol Designs

54. How to protect
your copyright
© Gwennol Designs

55. How to protect
your copyright
© Gwennol Designs

56. How to protect
your copyright
© Gwennol Designs

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Copyright covers every form of
creative output
• 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

58. Who Owns Copyright?
It’s not always you…
If you pay someone to produce something
(writing, artwork, photography)… they own
the copyright by default…
You need a contract to specify who owns
what.

59. Who Owns Copyright?
It’s not always you…
All the work you create for your
employer belongs to them - not
you…
Unless you do it in your own time
and is not part of your job.

60. Can I use other’s copyright?
• Always best practice to ask
permission
• Make sure you credit
• Make sure you understand the
terms and conditions
• Just because it’s on the internet,
doesn’t mean it’s free…
https://www.flickr.com/photos/youngshanahan/17801207806/

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Related rights
• Moral rights
• Performers' rights
• Publication right
• Database right
http://news.bbc.co.uk
Cash family blocks haemorrhoid ad

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Exceptions to copyright
• Non-commercial research or private study
• Criticism, review or news reporting
• Education and teaching
• Archiving and preservation
• Judicial and public administration
• Accessible formats for disabled people.
• Caricature, Parody or Pastiche.
• Quotation (within reasonable limits).
• Text and data mining.
Anything out of copyright and
therefore public domain!
E.G. From Jan 2021 most of George
Orwell’s works in the UK are out of
copyright.

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Exceptions to copyright
• There are some exceptions
to copyright…
• Any using a creative
commons licence
• https://creativecommons.org

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Free stuff you can use…
• Wikimedia Commons
https://commons.wikimedia.org
• YouTube Audio Library
https://www.youtube.com/channe
l/UCht8qITGkBvXKsR1Byln-wA
• The Internet Archive
https://archive.org/web/
• Unsplash.com

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Licensing – how to earn from your work
• If you pay someone to
produce something (writing,
artwork, photography)… they
own the copyright by default…
• You need a contract to specify
who owns what

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Licensing – how to earn from your work
• All the work you create for
your employer belongs to
them - not you…
• Unless you do it in your own
time and is not part of your
job
• You need a contract to specify
who owns what

67. Trade Marks

69. You need to stand out in a competitive market

70. If you are successful people will copy you.

71. OK, let’s change our bottle shape to keep us distinctive

72. Dammit, they've only gone and copied us again…

73. Your name and logo are the only things
your competitors can’t copy

74. The power of a Trade Mark
Rolls Royce quality and luxury
Starbucks ubiquity
NHS trust and care
Rolex aspirational

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Everyone wants to have a name that
describes their business……

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……but sometimes simpler is better

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Trade Marks - Tips
• Make up names are more
likely to be distinctive e.g
Adidas, Kodak, Waze
• Do you need a tagline too?
This can also be registered.

79. • Acompany name is not a trade mark
• Adomain name is not a trade mark
• Aregistered trade mark trumps
everything except a household name
• ATM mark is “totally meaningless”
Trade Marks Myths Exploded

80. 1. Is it legal?
2. Is it available /
not in use?
3. Is a good domain name available?
4. Is it memorable?
5. Is it evocative / appropriate to your activity?
The 5 rules of Trade Marking

81. A bad name will kill your business?

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Trademarks can be timeless!
Édouard Manet – Un bar aux Folies-Bergère,1882

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Trademarks can be timeless!
Édouard Manet – Un bar aux Folies-Bergère,1882

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Case study - Mascara
• 1. Find the class… Class 3 - Skin care
products etc
• 2. Search for similar names…
• 3. Find out who owns it…
• How similar are the names, and who
owns them?
Indomitable

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Case study - Mascara

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Case study - Mascara
• Add a word
• Different image
• Different type style
• Different capitalisation?
• Ultimately it’s a business decision…
• How similar are the names…
• And who the owners are

93. The Why
Why should I protect my intellectual property?

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Set a budget for your IP
*Patent fees: £280
or around £4000 with
an IP solicitor.
*Trademark
registration:
£170 + £50 per
class.
*Registered
design fees: £50
for one - £150
depending on
number of designs.
License
agreements:
You will need an
IP solicitor. Costs
will vary.
Defending
your IP:
Set a budget
for possible
legal defence
costs.
*Source ipo.gov.uk. Fees are liable to change. Fees increase for paper applications. Renewal fees not included.

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IP Attorneys
Chartered Institute of
Patent Attorneys
http://www.cipa.org.uk
Chartered Institute of
Trade Mark Attorneys
http://www.citma.org.uk

96. "If you think
it's expensive
to hire a
professional
to do the job,
wait until you
hire an
amateur"
Red Adair.

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Summary
The IP you apply to register should be a commercial decision:
• Patents are risky and expensive.
• Registered designs give only very narrow protection.
You should think carefully before applying for either of those.
• Registering your trade-mark is a no-brainer by comparison.
• Copyright can get complicated, but the general rule is, if you are collaborating
with anyone to produce copyrighted material (including software), make
sure you have a written contract stating just who owns all the IP rights.
Rupert Lee (32 years of experience)

98. http://www.slideshare.net/infield/

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