Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Gary Townley Business Outreach & Education An Introduction to Intellectual Property

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS) 850+ staff based in Newport in South Wales, 20 based in Bloomsbury, London Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR)

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk IP Baseline Survey 96% of UK businesses do not know the value of their Intellectual Property Rights Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent. 74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor Only 4% of UK businesses have an Intellectual Property policy

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk How can Intellectual Property Benefit Your business? IP may generate income for your business through licensing, sales and/or commercialization of IP-protected products or services. IP rights can enhance the value of your business with investors and financing institutions. In the event of a sale, merger or acquisition, IP assets may significantly raise the value of your business

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk What is intellectual property? Intellectual Property Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Trade Marks

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk What is a Registered Trade Mark? Any sign which is capable of being represented graphically Any sign which is capable of distinguishing the goods or services of one undertaking from another “A Badge of Origin”

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk What can be registered? Music Colour Shape Domain nameSlogan Name Logo Non-traditional

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Unexpected marks Office of Government Commerce £14000 to create new logo “not inappropriate for an organisation that’s looking to have a firm grip on government spend” OGC Spokesperson

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk unregistered Trade Marks A lot of evidence must be presented, including proof of established reputation, confusion for consumers, and harm done If an unregistered TM is infringed, attack with a ‘Passing Off’ action

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Slogans as Registered Trade Marks Laudatory terminology, and words in common usage in the class of goods in question may not be registered as RTMs Gillette ®, The Best a Man can Get TM However, Mr Kipling ® since 1984, but Exceedingly Good Cakes ® since 1994

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Top slogans of the century 1. Diamonds are forever (DeBeers) 2. Just do it (Nike) 3. The pause that refreshes (Coca-Cola) 4. Tastes great, less filling (Miller Lite) 5. We try harder (Avis) 6. Good to the last drop (Maxwell House) 7. Breakfast of champions (Wheaties) 8. Does she….or doesn’t she? (Clairol) Source adage.com

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Colours as Trade Marks - as applied to the outside of petrol filling stations - in relation to roadside recovery services - in relation to milk chocolate - in relation to cat food - in relation to baked beans - in relation to mobile communications

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Shapes as Registered Trade Marks

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Music as Registered Trade Marks TM

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Music as Registered Trade Marks TM

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Domain names Trade Mark registration is not company name or domain name registration A domain name may be registered as a Trade Mark Incorporating another’s RTM into your domain name or meta-tag may be an infringement

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Be Inventive Google – an intentional misspelling of googol (1 followed by 100 ‘0’s) Blaupunkt – originally called ideal – a blue dot was attached if the headphones came through the quality test. LEGO – Danish “leg godt” – play well ( coincidentally “I learn” in Latin) Starbucks - a character in Herman Melville’s novel Moby Dick Intel – Gordon Moore/Bob Noyce – sounded too close to more noise, so adopted Integrated Electronics.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Use your name Amstrad – Sir Alan Michael Sugar trading B&Q – founders Block & Quayle DHL – Adrian Dalsey, Larry Hillblom & Robert Lynn Hasbro - Henry & Helal Hassenfeld – Hassenfield Brothers Mercedes – the first name of salesman Emil Jellineks daughter Mitel – Mike & Terry’s Lawnmowers – Michael Cowpland & Terry Matthews

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk UK Applications Fees: Application fees: £200 – Includes one Class Additional Classes £50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Trade Mark Registration Overseas Paris Convention - six months priority OHIM – Community Trade Mark e-f iling fee €900 Madrid Protocol

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Copyright

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Copyright Caxton’s Printing Press The Statute of Anne 1709 Scope increased to include engravings, prints, sculptures, dramatic works and musical works 1956 – films, broadcasts and typographical arrangement Copyright, Designs and Patents Act 1988

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Copyright Conventions Universal Copyright Convention Adopted in 1952 An alternative for Countries that believed that Berne overly benefited Western developed copyright exporting nations Berne Convention - Accepted in 1886 Works protected by national law irrespective of where the work was created 163 Countries are parties to the Convention

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Copyright Criteria for Protection 1. For copyright to subsist the work must be recorded in a material form 2. The work must be “original” – not copied – sufficient labour, skill and effort 3. Sufficiently connected to qualify under UK law – authorship, publication, place of transmission. 4. Not excluded on public policy, moral grounds – obscene, blasphemous, libellous etc

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk 1.Literary Works – All works expressed in print or writing 2.Dramatic Works – A work capable of being performed 3.Musical Works – includes melody, harmony and rhythm 4.Artistic Works – A work of artistic craftsmanship (not quality) Copyright 5.Films – Moving images produced by any means 6.Sound Recordings – From which sounds can be reproduced 8.Published Editions – typographical arrangements 7.Broadcasts – transmission of visual images, sounds or other

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk What Copyright protects Books, technical reports, manuals, databases Engineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic works Promotional literature, advertising Films, videos, cable or radio broadcasts Computer software & websites

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years Sound recordings, TV & radio broadcasts & cable programmes: 50 years from first broadcast Publishers’ right (typographical layout etc.): 25 years Films: 70 years after the death of the last of: director, composer of the score, the author of the screenplay and the scriptwriter

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Who owns Copyright? Usually the first creator or author... …or their employer if produced in the ordinary course of their employment However, a contractor will retain ownership unless their contract is explicit to the contrary Even if the creator sells their rights, they have ‘moral rights’ over how their work is used

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Who owns Copyright in Software? Saphena Computing v Allied Collection Agencies (1989) No mention of Copyright in contract However, developer (Saphena), allowed client a copy of the “object code” to repair bugs Saphena did not allow client a copy of “source code”, so they could NOT make improvements without infringing Copyright

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Who owns copyright? Taken by the prince’s executive chef, Carolyn Robb wearing their ‘new set of tweeds’. Settlement later reached with Robb involving a four figure fee for the use of the photograph and use by the Royal Mail.

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Primary Infringement Any of the following without the consent of the rights owner Copying / Reproducing Adaptation Distributing Issuing or renting Public performance Broadcasting IGNORANCE IS NO DEFENCE

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Secondary Infringement Any of the following without the consent of the rights owner SellingImporting Possession for business purposes Facilitating primary infringement Only guilty if done knowingly, or if you ought to have known

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk ‘Defences’- permitted acts The following are allowable even when they technically breach Copyright: “Fair Dealing” Private study Research News reportingPublic Interest Criticism / reviewsSome official reports Education, librariesVideo/DVD ‘time-shifting’

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Remedies Injunctions – prohibiting an act or ordering an act Delivery up – an order that the infringing copies are given to the plaintiff Accounts (of profits) – prevent unjust enrichment of the defendant Damages – Putting the plaintiff in the position he would have been had the tort not been committed

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Top Dead Earners Michael Jackson - $275m 2. Elvis Presley – $60m 3. JRR Tolkien - $50m 4. Charles Shultz - $33m 5. John Lennon - $17m 6. Stieg Larsson – $18 7. Theodor Geisel – $11m 8. Albert Einstein – $10m 9. George Steinbrenner - $8m 10. Richard Rodgers - $7m Shakespeare – 7th $12m Source Forbes.com

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Collecting Societies PRS for Music Phonographic Performance Limited (PPL) Video Performance Limited (VPL) Authors Licensing and Collecting Society (ALCS) Copyright Licensing Agency (CLA) Newspaper Licensing Agency (NLA) The Design and Artists Copyright Society (DACS) Rights administered for the benefit of authors/owners The Copyright Tribunal

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Copyright for Business Mark work with the international copyright symbol © Electronic fingerprints Look at licensing and assignment opportunities Regularly review contracts (business and employees) Record the work in some way

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Working with others Prior use or disclosure will invalidate a patent application - use ‘Confidentiality Agreements’ Agree in writing who will own any I.P. arising from the collaboration before commercialisation

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Registered Designs

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Design Registration No Registered Designs

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Design Registration No Registered Designs Apple Inc “an austere, abstract, platonic-looking form that somehow also manages to feel warm and organic and ergonomic” Jonathan Ive, Apple's head of design

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Blackberry For workaholics who check s even on holiday – the phone with the most professional image iPhone Must have for the type who obsess about the impression they create. 3 out of 4 said this phone does make you cooler Samsung Simple phone for simple needs, not flashy but reliable and wont let you down, just like the owner Nokia 89% said this device is nostalgic Flip Phones This one’s for stock brokers, entrepreneurs and spivs. Like red braces, not for anyone aged under 30 Sony Ericsson Back in the day it was more important to have a Sony walkman than a mobile. Now music fans love to be seen with one Customised Phones Loved by power-dressing women and gay men whose accessories must match LG Aimed at the girlie market, young women whose favourite companion is their latest Barbie doll Prada Targeted at the serious fashionistas or at least their Pas. The higher the heel on the stiletto, the more likely the owner has a prada

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk 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 (ie: no design freedom)

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Registered Designs Design protected without limitation to a specific product or article Design protected even if applied to single items or handicraft products Protection for component parts if ordinarily on view when in use

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Examination Shape created to perform its function Contrary to public policy or morality Protected flags or emblems

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Design Registration No Registered Designs

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Design Registration No Registered Designs

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Robert Welch Designs Ltd Argos WWW. ACID.UK.COM

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Registered Designs Royalties for past sales of £103, £46,750 towards costs A licensing deal has now been agreed. “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” Alice Welch, Marketing Director Jan 2006 WWW. ACID.UK.COM

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Multiple Applications £60 for first design (£40 application + £20 publication) £40 for subsequent designs (£20 application + £20 publication Renewal fees every 5 years Maximum term 25 years

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Registration Overseas Paris Convention – 6 Months OHIM - Community Design Hague Agreement (1/1/2008)

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Patents

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Criteria for ‘patentability’ Patents are for “technological innovation”, though the Patents Act 1977 fails to define the word “invention” Inventions must be new - not known anywhere in the world prior to the filing date Inventions must have an ‘inventive step’ - not obvious, a simple adaptation or combination Inventions must be industrially applicable and have a ‘technical effect’

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk GB GB Exclusions against patentability

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Exclusions (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever; (c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; (d) the presentation of information;

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Citations v. novelty: “Prior art” Paul Graham USHER Patent No GB A Priority date: 18 March 1982 The BEANO No page 1 28 February 1981

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Windsurfer v. Tabur Marine GB

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk 12 Prepare a patent specification Description Drawings Claims Abstract File form 1 and one copy of your specification Form 7 will be required if the applicant is not the inventor 3 We issue a filing receipt confirming your application number and filing date 4 File form 9A and fee within 12 months of the filing or priority date The application process

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk 56 We carry out a novelty search to assess your invention and issue a report If formal requirements have been met your application is published at 18 months 7 You file form 10 and fee no later than six months from publication 8 We examine your application and inform you if anything needs amendment Once all objections have been overcome we will grant your patent The application process

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Patent fees Application fee – £30 or £20 (Electronic filing) Search Fee - £150 or £130 (Electronic filing) Examination fee - £100 or £80 (Electronic filing) Renewals 5 th Year - £70 10 th Year - £ th Year - £600

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk 1 A vehicle transmission assembly including a change speed transmission having a casing, an input for connection to an engine or motor, a first epicyclic gear train which is connected to the input and in use selectively provides a reduction ratio or a direct ratio to a second epicyclic gear train which in use selectively provides a reduction ratio or a direct ratio to a third epicyclic gear train which in use selectively provides a reduction ratio or a direct ratio to a forward transmission output, each epicyclic gear train comprising a sun gear, an annulus gear and a set of planet gears mounted on a respective carrier and intermeshing with the respective sun and annulus gears, and first, second and third coupling means associated with the first second and third epicyclic gear trains respectively to selectively couple one of the sun gear and the annulus gear of the respective gear train to the casing or to the carrier, each coupling means comprising a synchromesh selector slidable on a member fast with the said one of the sun gear or annulus gear and engageable with the casing when slid in one axial direction and with the carrier when slid in the other axial direction. Claim 1

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk WO01/83047 GB Sept 2001 Land Rover Group Ltd Vehicle Transmission Assembly

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk GB

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk FR TM Gatsometer BV Maurice Gatsonides

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk GB Percy Shaw

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Martin Dicks

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC)

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Using Patent Information Use of patent information is totally separate from obtaining & enforcing legal rights through patents Patent information can solve problems and provide new insights Avoid reinventing the wheel: 30% of European R&D is wasted on technology already in patents Enables you to keep track of your competitors

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Bowers & Wilkins “Nautilus” Speakers Documents cited GB A GB A GB A GB A GB A GB A US A US A US A US A US A US A Hi-Fi News & Record Review, January 1992, p 17

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Why Use Patent Information? Huge information source – 60 million patents Unique information - 80% of technological disclosure in patents appears nowhere else Early publication - within 18 months of first filing Free technology - 85% of UK patents not in force

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Patent Information Commercial Searches Search and Advisory Service Patentability State of the Art review Name Search Validity Search Infringement Search Patent Watch

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk IP Healthcheck Free online diagnosis Patents, Trade marks, Designs & Copyright Licensing and exploiting your IP Confidential Information 6 On line IP Healthchecks

Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Gary Townley Business Outreach & Education Thank You