Practical aspects of IP for SMEs Dr. Mark Houghton CEO Patent Outsourcing Limited ‘Commercially focussed, experienced professionals’

Intellectual Property Patent Trademark Design Copyright As you saw in the previous presentation, they can all be used… But let’s take a practical view:

IP and industry sector - a rough guide Patent Trademark Design Copyright Manufacturing  Distribution Software Service Sector

First stop in Business IP - Name Your name: Where did it come from? Do you own it? Does someone else own it? Your Trading name: Don’t invest in what you do not own or may never own.

Trademark Protect your business name – own it. Usefulness Protectable? Message? Usefulness Descriptive name No High Semi descriptive name Maybe Special name Yes Low Logo Lower Picture Often

Trademark Protect your business name – own it. Usefulness Protectable? Message? Usefulness Descriptive name No High Semi descriptive name Maybe Special name Yes Low Logo Lower Picture Often

Trademark Trap for the SME How to get in a mess: A long standing idea Early adoption of pet name Spending time and effort to promote your name Extending a formal name to a trading equivalent Find out that the name Is catchy and memorable and, guess what, someone owns it Is descriptive and unprotectable Find out that The owner wants the name back That someone else is using your good name, and you can’t stop them

Trademark and the SME Select your trading name carefully Semi descriptive Applicable to most of your products/services Protectable Spend some cash – protect it Then get on with the running the business The asset grows

Second stop – Patent (and Design) IP is (in my view) most useful to the SME selling physical product: Protect how it looks – Design Appearance – Yes Function – No Protection – Narrow Cost - Low Protect what it is, or does - Patent

Second stop – Patent (and Design) IP is (in my view) most useful to the SME selling physical product: Protect what it is or does - Patent Appearance – (No) Function – Yes Protection – Broad Cost - Higher

Patents as a tool for the SME Evidence of ownership Raising finance Inhibiting copying Sales tool Inhibits sale on price alone Uncertainty for the competition

Patent problems – avoiding them. Know your own technology Set a budget – either do it properly or not at all Not a DIY activity If you can touch it and it makes you money Then patents are a tool for you; Just remember Legal requirements: Novelty – Yes (‘Novelty’ not “Rocket science”) Inventive Step – Yes (‘Step’ not ‘Leap’) Industrially applicable - Manufacturing

Practical aspects of IP - In the SME Create assets Create uncertainty – for the competition Create market advantage – control Protect your name(s) Protect manufactured products Be selective – but if you use IP, use it effectively.