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1) Innovation indicators: great ideas, caution points, warnings, concern areas 2) Could you get a patent? 3) Is your idea new? 4) Patent information 5) Business information Send us a comment |
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4. General information about patents First off, you need to understand the intellectual property you already own and the different forms of intellectual property protection available to you. This document assumes you are interested in the situation in the UK and Europe. A Patent protects inventions (the application of an idea). It doesn't protect a discovery or algorithm itself - only it's use in industry and commerce from the time it is granted to 20 years after the date that you filed it. This is the most expensive and difficult form of protection to obtain but is also the most powerful - it can stop people doing something similar to you even if they haven't copied you or heard about you. Trademarks are invaluable for a business because they don't expire! It is important to register a trademark (the wording and logo) to help ensure that no-one copies your business name or the name you give your product or service. If you are feeling adventurous - note that it is possible to trademark the non-functional appearance of your product or packaging. Copyright is an automatic right to prevent others copying your aesthetic creations. This includes all your documentation whether on paper or disk. It protects against your computer programs being copied but doesn't prevent someone independently making software to do the same thing. Copyright protects the expression of an idea or data but not the idea or data itself. When you have a final design for a product you might as well register the design too. This prevents anyone copying it's appearance but not how it works. Once you have filed a patent consider getting patent insurance for use if you need to sue someone for infringing your rights (the main value is that it deters people from copying you). Be warned that it is expensive because for it to be a real deterrent you will need plenty of cover (it needs to cover your opponents legal fees too in case you lose a court battle). More about patents - You need to think about which countries you want to protect your Patents, Designs and Trademarks in. For the UK, a lot of information can be found at the Patent Office. Starting with your home country, plan where you want patent protection. Most consumer products would best be protected across Europe, and in the US and Japan. Strategies for industrial products are more varied. Within 12 months of your home patent filing you will need to file for the other countries (Taiwan is an exception). Fortunately there are two simplifying procedures - you can file a PCT application (sometimes called an international application) within those 12 months and simply state which countries you want protection in (applies to the vast majority of important countries). Eventually you still need to deal with all the individual regional patent offices but the PCT route slows things down so you can decide which countries you want to pay for at a later stage. The other major simplification is the EPO application (Europe-wide) - you can even designate the EPO in your PCT application. Again this simplifies things but technically it is a bundle of national applications. If you take the PCT route expect lots of fees from all directions during the third year of your home application. If not then expect the onslaught during the second year of your home application. Remember that having a patent does not necessarily give you the sole right to use an invention. There are lots of patents which cover more than a specific invention and claim a whole field of technology. Some of these shouldn't have been granted and you should refuse to be bullied by their owners. In other cases they may legitimately have a hold on what you want to do. In the worst case scenario it is your application which should not have been granted. Be ready to deal with and preferably cross-licence with other right-holders, especially if they aren't actually your competitors. Warning: Nothing in this document constitutes legal advice. Talk to a business advisor and an intellectual property advisor in your country before taking any action or making any decisions. |
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