What’s the best way to protect my idea? Alison Clarke

Today’s talk… Why do you need to protect your ideas? Different ways of protecting your ideas using a case study

So, why do you need to protect your ideas?

How to protect a digital media player? Intellectual Property.. “…..is an asset product of the creativeness of the human mind, or intellect.”

Protect your ideas using…… Protect your ideas using…. – Patents – Trademarks – Registered Designs – Copyright – Secret Information/Know-how

PATENTS For example: -Rotational User Interface (US ) -Docking station for cup-holder in car (US ) -Hierarchical Menu System (US ) -Power saving circuitry -Data compression techniques

What is a Patent? A patent is a bargain between the state and the applicant. It requires: Abraham Lincoln The Patent system adds: – “the fuel of interest to the fire of genius” – public disclosure of an invention in return for a limited (20 year) monopoly

What is a patent? A patent is a negative property right The right to stop others from exploiting an invention without permission It does not give the right to exploit an invention

What is a patent? A patent is a territorial right It grants its proprietor rights within a given jurisdiction It can prevent importation from other jurisdictions – e.g. A UK patent provides the right to prevent unauthorised use in the UK or the right to licence or assign the invention within the UK

Conditions for grant of a patent Novelty – invention must never have been made public in any way, anywhere in the world, before the date on which an application for a patent is filed – do not disclose an invention before filing!! Inventive Step – not obvious when compared to something that is already known – subjective, open to argument Capable of industrial application – the invention must be capable of being made or used in some kind of industry Excluded – certain types of inventions, such as aesthetic creations, scientific theories, discoveries, mathematical methods, computer programs, business methods, or those which would be contrary to public order, are excluded from patentability

Trademarks A Trademark is any sign that can distinguish the goods or services of one trader from those of another. Includes any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or their packaging.

Trademarks Main Brand – “Apple” Sub-Brands: – iPod – iPod nano, iPod shuffle, iPod photo, iPod color, iTunes Rectangular screen + circular input device White Headphones

Other Examples Logos

Other Examples Shapes toblerone coca cola bottle pot noodle dyson

Other Examples Sounds:direct line insurance Colours:purple (cadbury’s) Smells:flights for darts »“the trade mark comprises the strong smell of bitter beer applied to flights for darts”

Conditions for grant of a trademark To be registrable your trade mark must be: – distinctive for the goods or services which you are applying to register it for, and – not deceptive, or contrary to law or morality, and – not similar or identical to any earlier marks for the same or similar goods or services.

Registered Designs A registered design protects the appearance of the whole or a part of a product i.e. protects features of Lines, contours, colours, shape, texture, materials of the product or its ornamentation. 25 year monopoly

Conditions for the grant of a Design Must be: -New -Have individual character

Copyright Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. Eg. Books, music, lyrics, databases, computer software, paintings, sculptures, plays, photographs, films, videos, etc.

Copyright Automatic right that exists from date of creation Not a monopoly – only prevents copying Work can be booby-trapped to prove copying, eg: maps, mailing lists, databases, software Keep evidence of “date of creation” Use © to warn others against copying

Other IP rights Unregistered Design Right Unregistered Trademarks Confidential Information Know How Domain Names

Registered versus Unregistered Registered Rights: – Patents, Registered Trademarks, Registered Designs, Domain Names Unregistered Rights – Copyright, Design Right, unregistered trademarks, confidential information, know-how

Unregistered trade marks Passing off – reputation and goodwill – misrepresentation – damage

Using your IP Rights Block competitors License others to generate royalties – Eg. “Ring Pull” for cans invented in 1963 by Ermal Fraze. 1/10 th penny for each can sold. Coca Cola alone made 148,000,000 cans per day, so paid £148,000 per day in license fees! Sell the IP rights

Summary Protect your ideas using…. – Patents – Trademarks – Registered Designs – Copyright – Secret Information/Know-how

Success

QUESTIONS? NB –”Apple”, “iPod”, “iPod nano”, “iPod shuffle”, “iPod photo”, “iPod color”, “iTunes” are trademarks or registered trademarks of Apple Computers, Inc. Other logos included in this presentation are the trademarks or registered trademarks of their respective companies.