Patents A patent is a document, which grants to its owner a temporary right to prevent others from using the invention

as described and claimed in the document. You will get a monopoly in the use of a period of (at most) 20 years (n.b. pharmaceutical) from the filing date a property right then the information included in the patent specification passes into the public domain. You get the right to use it, but others can learn from it.

A patent covers how things work, what they do, how they do it, what they are made of and how they are made. If a patent application is granted, it gives the owner the ability to take a legal action under civil law to try to stop others from making, using, importing or selling the invention without permission. This may involve suing the alleged infringer through the courts, which is costly and time consuming because it involves expert legal advice. The patent owner needs to be able to pay for this civil legal action and advice themselves, although they may get some costs back if they win their case.

Your invention must: be new o You must not have made your invention public in any way, anywhere in the world, before you apply for a patent for it. Conversations with patent agents, solicitors or our staff are confidential, so will not make your invention public. have an inventive step that is not obvious to someone with knowledge and experience in the subject be capable of being made or used in some kind of industry

Not be:

a scientific or mathematical discovery, theory or method a literary, dramatic, musical or artistic work a way of performing a mental act, playing a game or doing business the presentation of information, or some computer an animal or plant variety a method of medical treatment or diagnosis against public policy or morality. Where

National patent offices

National patent valid only in that country

Non-nationals can apply for a patent 12-month right of "priority" for international applications by submitting first with the UKIPO, youre given a year to apply for international patent AWESOME because you dont need to spend lots of money on an international patent that you dont need. European Patent Office (EPO)

A "European patent" is equivalent to national patents in the countries for which it was granted the applicant chooses the countries the cost depends on the number of countries designated more expensive than UKIPO

Prices UKIPO
The normal amount to process a UK patent application is GBP 230 - 280. If you decide to seek professional IP advice (from a Patent Attorney or other representative) you will need to factor in the cost of this as well. If the patent is granted, you must pay a renewal fee to renew it every year after the 5th year for up to 20 years protection. Renewal fees start at 70 for the 5th year and rise to 600 for the 20th year. Total price of renewal 4550gbp.

HOW TO GET

Registration o Unlike other IP rights (such as copyright), patent protection depends upon registration o Registration ensures that third parties are able to ascertain whether they are infringing someone elses rights Examination o The registration process in the UK and in the EPO entails a full examination of the patent application o Costly and time-consuming, BUT improves the quality of the patent Amendment o The applicant is able to amend the initial application both during and after the grant of the patent

DESIGN RIGHTS

WHAT?
The term "Design Right" refers to the specific legal protection available to unregistered designs in the UK. There are specific differences between Design Right and Registered Designs. Registered Designs give you exclusive rights in a design, in the UK, for up to 25 years. You can stop people making, offering, putting on the market, importing, exporting, using or stocking for those purposes, a product to which your design is applied. You can protect two-dimensional designs or surface patterns as well as shape and configuration with a Registered Design. By comparison, Design Right gives you automatic protection for the internal or external shape or configuration of an original design, i.e. its three-dimensional shape. Design Right allows you to stop anyone from copying the shape or configuration of the article, but does not give you protection for any of the 2-dimensional aspects, for example surface patterns. Protection is limited to the United Kingdom (UK), and lasts either 10 years after the first marketing of articles that use the design, or 15 years after creation of the design - whichever is earlier. For the last 5 years of that period the design is subject to a Licence of Right. This means that anyone is entitled to a licence to make and sell products copying the design. If you are the owner of a design right subsisting in a design, you have the exclusive right to reproduce the design for commercial reasons by making articles to the design or by making a design document recording the design for the purpose of enabling articles to be made. If anyone else carries out these activities without your permission, they may infringe the design right. However, it is more difficult to prove infringement of an unregistered Design Right as you must be able to prove it was copied, or that the potential for copying existed. Infringement proceedings must be brought before the Courts, however some disputes concerning the subsistence of design right can be referred to us.

Does design right give protection abroad?

No, Design Right is effective only in the United Kingdom. Designs may however be protected in all countries in the European Union through the Unregistered Community Design. LINKK good info here 5yrs renewed for max of 25

REGISTERED DESIGN REQUIREMENTS

For its registration to be valid, a design must: be new have individual character.

A design is considered to be 'new' if no identical (or very similar) design has been published or publicly disclosed in the UK or the European Economic Area (EEA). For example, a design would not be considered new if it had been 'published' on an Internet website viewable in the EEA before the date it was filed. However, you can apply to register a design in the UK up to 12 months after the designer first discloses it. The term 'identical' covers designs whose features differ only in 'immaterial details'. Individual character means that the appearance of the design (known as the overall impression) is different from the appearance of other already known designs. This is assessed from the view of the "informed user", a person who is familiar with the kind of product in question, and the amount of design freedom will be taken into account.

Are there any exclusions? You may not be able to register your design if: It is not a design by legal definition as described above It is offensive It consists of, or includes, certain protected flags and international emblems It is solely dictated by the product's technical function

COPYRIGHT
There is no official registration system for copyright in the United Kingdom (UK) and most other parts of the world. There are no forms to fill in and no fees to pay to get copyright protection. So long as you have created and fixed, for example in writing, an original work that qualifies for copyright protection, that is it falls into one of the categories of material protected by copyright, you will have copyright protection without having to do anything to establish this. It is a requirement of various international conventions on copyright that copyright should be automatic with no need to register. To help protect your copyright work, it is advisable to mark it with the symbol, the name of the copyright owner and the year in which the work was created. Although this is not essential, it will let others know when the term of protection started and it should then be possible to calculate whether it has ended or not. It will also indicate who the owner was at that time in case it is then necessary to approach them should you need to ask permission to use the work. Additionally, a creator could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return (ensuring you also know what is inside each envelope in case you do this more than once). Alternatively you could lodge your work with a bank or solicitor. It is important to note, that this does not prove that a work is original or created by you. But it may be useful to be able to show the court that the work was in your possession at a particular date. Cloud services like dropbox or drive, emails are good evidence. Or register with a 3rd party a la http://www.copyrightservice.co.uk/services/price_list <- top one on google, 39 for 5 years, cheap when compared with a patent but not vital.

WHATS COVERED
Copyright can protect:

literary works, including novels, instruction manuals, computer programs, song lyrics, newspaper articles and some types of database dramatic works, including dance or mime musical works artistic works, including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos layouts or typographical arrangements used to publish a work, for a book for instance recordings of a work, including sound and film broadcasts of a work

You should only copy or use a work protected by copyright with the copyright owner's permission. Copyright applies to any medium. This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on. Copyright does not protect ideas for a work. It is only when the work itself is fixed, for example in writing, that copyright automatically protects it. This means that you do not have to apply for copyright.

WHY DO IT

Copyright allows you to protect your original material and stops others from using your work without your permission. The existence of copyright may be enough on its own to stop others from trying to exploit your material. If it does not, it gives you the right to take legal action to stop them exploiting your copyright, and to claim damages. By understanding and using your copyright and related rights protection, you can:

sell the copyright but retain the moral rights. license your copyright for use by others but retain the ownership. object if your work is distorted or mutilated.

Economic rights give the copyright owner the opportunity to make commercial gain from the exploitation of his/her work. Copyright owners generally have the right to authorise or prohibit any of the following things in relation to their works:

copying the work in any way. For example, photocopying, reproducing a printed page by handwriting, typing or scanning into a computer, and taping live or recorded music are all forms of copying issuing copies of the work to the public renting or lending copies of the work to the public. However, some lending of copyright works falls within the Public Lending Right Scheme , and this lending does not infringe copyright performing, showing or playing the work in public. Obvious examples are performing plays and music, playing sound recordings and showing films or videos in public. Letting

a broadcast be seen or heard in public also involves performance of music and other copyright material contained in the broadcast

broadcasting the work or other communication to the public by electronic transmission. This includes putting copyright material on the internet or using it in an on demand service where members of the public choose the time that the work is sent to them making an adaptation of the work, such as by translating a literary or dramatic work, transcribing a musical work and converting a computer program into a different computer language or code.

TRADE MARKS
WHAT
A trade mark is a sign which can distinguish your goods and services from those of your competitors (you may refer to your trade mark as your "brand"). It can be for example words, logos or a combination of both. The only way to register your trade mark is to apply to us - The Intellectual Property Office. You can use your trade mark as a marketing tool so that customers can recognise your products or services. Trade marks are acceptable if they are:

distinctive for the goods and services you provide. In other words they can be recognised as signs that differentiates your goods or service as different from someone else's.

You may be familiar with the trade marks below. They don't describe the goods or services, which is why they are good examples of registrable trade marks.

The above logos have been reproduced with kind permission of WH Smith Retail Limited and PZ Cussons (International) Limited. If you are confident that your trade mark is acceptable, you can apply online now. Trade marks are not registrable if they:

describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services; have become customary in your line of trade; are not distinctive;

are three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods; are specially protected emblems; are offensive; are against the law, for example, promoting illegal drugs; or; are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.

Check out our examples of acceptable and unacceptable trade marks. A registered trade mark must be renewed every 10 years to keep it in force. What is a brand? A brand is a 'promise of an experience' and conveys to consumers a certain assurance as to the nature of the product or service they will receive. Intellectual property rights provide legal protection for some of the most important aspects of a brand.

WHY DO IT?
Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom (UK). If you have a registered trade mark you can put the symbol next to it to warn others against using it. However, using this symbol for a trade mark that is not registered is an offence. A registered trade mark:

may put people off using your trade mark without your permission makes it much easier for you to take legal action against anyone who uses your trade mark without your permission allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark is your property, which means you can sell it, franchise it or let other people have a licence that allows them to use it.

Protecting unregistered trade marks If you don't register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off. To be successful in a passing off action, you must prove that:

the mark is yours you have built up a reputation in the mark you have been harmed in some way by the other person's use of the mark.

It can be very difficult and expensive to prove a passing off action. If you register your trade mark, it is easier to take legal action against infringement of your mark, rather than having to rely on passing off.