The Importance of Intellectual
Property
Salome McVeigh & Claire Adamson
Business Start-up Team
Careers Service
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Session Outline
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Survey of your current understanding
What is intellectual property and why is it important?
How do you protect Intellectual property?
Team Exercise to identify types of IP within everyday
objects
 Guest Speaker (Max Robinson).
 Timing
 Introduction to IP (1 hour)
 Max Robinson Entrepreneur In Residence
(30 mins)
 Phil Harley Business Development (15 mins)
 Questions (15 mins)
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Objectives
 By the end of the session you will have
been:
 Introduced to the concept of IP and its
importance in business
 Made aware of all 5 forms of IP
 Have developed the skills necessary to
recognise forms of IP in any product/ service.
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Exercise 1
 What do you understand by Intellectual
Property (IP)
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Types of IP
 Patents
 Copyright
 Trade Marks
 Design
 Confidential information/ know-how.
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What is a Patent?
 Patents are available for any invention
whether it’s a product or a process
provided the invention is:
 New
 Involves an inventive step (not obvious to
someone with good knowledge of subject)
 Capable of industrial application
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Patents (Exercise 2)
 What is Patentable?
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How does a Patent work?
 A Patent is a legal document that gives the owner of that patent a
monopoly over the manufacture, use, import or sale of the invention
claimed in the Patent.
 In the UK (unless invalidated and provided the renewal fees are paid)
the right is for 20 years from the date of filing the Patent Application.
 The owner can exploit the IP commercially, and is protected in law, from
competitors who might otherwise copy it. Anyone other than the patent
owner who wishes to use the invention(s) must obtain the owner’s
permission, who will require a financial return for giving such
permission.
 The state benefits from the contribution made to the economy by new
products.
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How is a Patent obtained?
1.
Prepare and file ‘patent specification’ - include description and drawings of your
invention. This asks IPO to grant you a patent.
2.
You receive receipt confirming date application received
3.
IPO carry out examination to ensure application meets requirements
4.
Within 12 months of filing date - submit a form requesting that IPO carry out searches.
IPO search for inventions like yours and will send you report detailing findings
5.
IPO publish your patent application 18 months after your filing date
6.
You file a further form no later than 6 months from publication requesting that IPO carry
out substantive examination
7.
IPO will let you know about any changes which are needed
8.
If your application meets our requirements, the IPO will grant your patent, publish it in its
final form and send you a grant certificate.
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 The grant is territory restricted. That is a
patent granted in the UK IPO is effective
only in the UK.
 To protect a Patent outside of the UK you
would need to apply for e.g. a European or
International Patent.
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Timeline & Costs
Timeline:
 It can take 3-4 years from filing to grant
 Any granted patents not exploited within 5 years may be revoked
Costs:
 The normal amount the UK IPO charge to process a UK patent
application is £200.
 It is free to apply for grant of a patent
 £30 (application fee) for a preliminary examination
 £100 for a search
 £70 for a substantive examination
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Patent Hints
 Do not make details of your invention known before filing
 If you want to work with others e.g. potential investors use
Non Disclosure or Confidentiality Agreement
 Do research yourself:
 ww.ipo.gov.uk
 www.Esp@cenet.com
 www.ideas21.co.uk
 Free advice is available from the UK IPO or your local Patent Advice
Centre (Northumbria University)
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What is Copyright
 A right to prevent unauthorised
reproduction of your original works and to
recover damages for infringement
 Un-registerable right in most of the world
 Registerable in the USA
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What is copyright?

Copyright is the automatic right – no forms to fill in as it is automatic –
provides people who produce creative work to take ownership over
what they have created
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The C in a circle is internationally recognised
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Copyright is used by a wide range of people – authors, artists,
musicians – lasts for 70 years after authors death
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As a property rights to works can be passed on as part of an estate
sold licensed or given away

Copyright material can earn revenue long after the original author has
passed away
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Who uses Copyright?
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Authors, Artists, Photographers Musicians

We all use copyright
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As an automatic right it is up to the rights owner to prove he/she has been copied

Rightful owner can stop others from using but you have to prove ownership – retain
original!
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Musicians rely upon rights as a means of earning royalties from their creations

Copyright also protects the moral rights of the owner – to be identified and have some say
in how their work is used
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You can protect your work with a few simple steps
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Copyright-restricted acts
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Copying the work
Issuing copies of the work to the public
Rent or lend copies of the work
Perform, show or play the work in public
Broadcast or include the work in a cable
programme
 Make an adoptation of the work
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Copyright-restricted acts

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

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Copying the work
Issuing copies of the work to the public
Rent or lend copies of the work
Perform, show or play the work in public
Broadcast or include the work in a cable
programme
 Make an adoptation of the work
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Copyright-Software specific
permitted acts
 Making of back-up copies
 De-compilation to obtain otherwise
unavailable interoperability information
 Necessary copying or adaptation by lawful
user (e.g. to correct errors)
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Exercise 3
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Trade Marks
 A badge of origin, a sign which is capable of
distinguishing goods or services of one company
from those of another
 Distinguished by an R in a circle. Trade marks are
the only form of intellectual Property which can last
forever provided they are kept in force
 As a society we are brand aware and TMs provide
the opportunity for us all to effectively brand
ourselves and to protect our brands.
 Related classes through registration Lotus Car example ©
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What can be registered
 Name
Shape
 Domain Name
Slogan
 Colour
Logo
 Music
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Slogans as registered Trade Marks
Just Do It
I’m Lovin it
Don’t leave home without it
Always cutting prices
Work, Rest & Play
Once you pop, you can’t stop ©
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Invented Words
 Often the best – successful business that have
invented words
 No relationship to the product or service which they
either sell or operate
 Amazon
Priceline
 Google
U-tube
 E-bay
E-toys
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(Colours as Trade Marks)
 Tele-communications
 Road assistance
 Chocolate!
 Baked Beans
 Petrol
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Trade mark Hints
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Create distinctive brand – this is your opportunity to create a brand identity.
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Check up on the Patent Office database to establish if others have adopted this
brand or something similar
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Your brand will exist in a class which is the most appropriate for your field of
business
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Do your ground work before you set up a business mistakes are expensive to
rectify and can destroy consumer confidence

DIY but you may need to use the services of a Trade mark agent who can add
value to your application
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Trade Mark Quiz
 Exercise 4
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Exercise 4 answers
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
World Wildlife Fund
NatWest
Terrys Chocolate Orange
Head
Hush Puppies
Penguin Books
Anchor Butter
Halifax
Strongbow
Coco Chanel
Ferrari
Switch
Adams
Dulux
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Exercise 4 answers
15. Mr Wimpy
16. Woodpecker Cider
17. Heinz
18. Fred Perry
19. Adidas
20. Windows
21. Birds eye
22. Timberland
23. Dorling Kindersley
24. Open University
25. Weetabix
26. Dolby
27. Laughing Cow
28. Gucci
29. Kodak
30. Colmans Mustard
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Registered Design
 Protects the external appearance of a product
 In a crowded market place good design makes your
product stand out
 Simpler and cheaper than patent or trade mark
 Lasts for 25 years and costs £60 for the first five
years
 Registration available across the EU ©
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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 (i.e.: no design freedom).
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Registered Design
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Registered Designs
 Royalties for past sales of £103,302.81
 £46,750 towards costs
 A licensing deal has now been agreed
 Alice Welch MD said in January 2006 “having built
our brand on a strong design history, it is critical to
us that our customers do not mistake an inferior
product/copy to be our design. Therefore we at
Robert Welch take IP very seriously and will pursue
anybody who copy/pass off our designs”
 Useful link www.acid.co.uk
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Confidential Information/Know-how
 What is know how?
 Information, trade secrets, test methods,
experiments and results.
 Know how can only be protected by means of
a careful control and a confidentiality
agreement.
 Keeping something secret is often the best
option…..
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Round up
Nokia N-series
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Round up
 Answers
 Patent
– liquid display
 Trade Mark – brand
 Copyright
– software
 Design Rights – shape
 Know How –assembly
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Round up Exercise
 Watch … how many types of IP apply…
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