1. PATENTS AND TRADEMARKS What are they and who do they protect?

2. Learning Objective What we are going to learn today: To understand the impact that intellectual property rights and patents have on a product’s design. Lesson Outcome By the end of the lesson you: Should be able to discuss what patents are and the four criteria are required when applying for a patent. Lesson Key Word(s): Intellectual Property, Patents, Trademarks

3. L INKS TO C ONTROLLED A SSESSMENT - C OMMERCIAL V IABILITY L EGISLATION

4. S O FIRSTLY WHAT IS PROPERTY ?

5. P ROPERTY IS ANYTHING OWNED If you have the right to something because you purchased it, was given it or it come to be your possession in any other way We think of possessions as tangible items We sometimes think of property as a house, mainly because that will normally be the most expensive item we buy

6. S O WHY DON ’ T PEOPLE JUST TAKE IT ?

7. L AW AND GENERAL VIEWS There are penalties for stealing Both legally and socially If I take something of yours, you would see me doing it, watch. Everybody doesn’t like this You may tell the police  I’m Matt and sorry for stealing Pat’s socks

8. I NTELLECTUAL P ROPERTY (IP) Just because something is not tangible It does not mean we do not own it Have you ever had a good idea and somebody has tried to pretend it was their idea Annoying isn’t it!!!

9. P ATENTS What is a patent? Patents protect the features and processes that make things work. This lets inventors profit from their inventions. ( http://www.ipo.gov.uk/patent.htm )

10. P ATENTS Protect how things work, how its made and what from Apply to UK Intellectual Property Office Lasts 20 years Can sell the rights of the patent Costs £200 Can you give me an example?

11. P ATENTS MUST : 1. Be new. It must not have been shown or discussed publicly anywhere prior to the patent application being filed. 2. Involve an inventive step. The idea must not be obvious to someone with reasonable prior knowledge of the subject. 3. Be capable of being industrially made. It must take the physical form of substance, product or industrial process. 4. Not be excluded. An invention is not patentable if it is on the physical list issued by the Patent Office.

12. Case Study Dyson Vs. Hoover In 2000, James Dyson, famously took Hoover to court over infringements of his 1980 patent of bagless vacuum cleaner using cyclones. At the time, Hoover was manufacturing a Triple Vortex bagless cleaner, using the same cyclone invention. Dyson had put everything he had into paying for legal action. He eventually won the case and with the proceeds was able to set up his own UK factory to build the DC01. Vs.

13. Case Study Ford Motor Company – Heated Front Windscreen http://www.youtube.com/watch?v=BmpROemcd4E Ford owned the patent for the heated front screen (HFS). For Ford this technology has proven to be a unique selling point which makes customers buy a new ford every time. Ford had allowed Jaguar, Land Rover and Volvo to use it on their cars however this was only when these three companies were part of Ford Motor Group. In 2010 Fords 20 year long patent expired and the technology ended up being used on the BMW made MINI. This heated front screen technology was soon re-patented by Ford. Unfortunate for Ford due to the length of the legal process BMW managed to add it to their current generation of Mini Coopers however BMW as a whole did not have sufficient time to get it onto their 3,5 or 7 series cars. Ford are now the holders of the new patent but Mini will be allowed to use this technology until they stop building this current model of Mini. Vs.

14. E XAMPLE PATENTS Original designs

15. Case Study Rolls Royce – Turbine Blade Technology Rolls Royce's engines they use to power the Boeing Dreamliner and the Airbus A380 are the most high tech and fuel efficient jet engines ever created. The success of this engine is down to the advanced turbine blade which you can see in this video. Like other patent case studies we have looked at Rolls Royce also had its patented technology copied which led to a major court case in the US. It ended by Pratt and Witney agreeing to pay an undisclosed amount per engine to Rolls Royce. http://www.youtube.com/watch?v=U azsDDFsS7Q WATCH FROM 12 mins. in

16. T RADEMARKS What is a trademark? A trade mark is a sign which can distinguish goods and services from those of competitors. It can be for example words, logos or a combination of both The Windows sound, and the Nokia ring tone Do you know what it looks like?

17. T RADEMARK Used to protect slogans and images Protects the brand Lasts 10 years Can be renewed Approximately £200 within the UK Trademarks can be used as a marketing tool so that customers can recognise your products or services Who has a Trademark? Examples please!!

18. E XAMPLE T RADEMARKS Almost every brand logo you can think of has a Trademark

19. K ITEMARK UK product and service quality certification mark which is owned and operated by The British Standards Institution Conceived in 1903 One of the oldest product marks in the world still in regular use. products where safety is paramount, such as crash helmets, smoke alarms light bulbs etc.... Do you know what the logo looks like? Example products please

20. E XAMPLE K ITEMARKS Most products relating to health and safety In China you have QS Standard

21. W HY PROTECT A BUSINESS IDEA ? Stop copies Retain market advantage Stop negative advertising by lesser or inferior products trading under your company name Keep consumer trust in the products / services you supply

22. I NTELLECTUAL P ROPERTY IP I think we know enough about it now

23. SO WHAT PROTECTION WOULD THIS BE?

24. Patents and Intellectual Property Rights As soon as a new design is completed it is at the risk of being copied. Designers and their companies can avoid competitors copying their work by applying for a patent of their design. A patent is usually submitted as a set of drawings and technical details. This patent is given to the designer as their intellectual property which they then own for around 20 years. In exchange they must make their design public but they can take legal action against anyone copying it. The owner of the patent has the right to sell it, make it, allow others to make it, use or exchange the design in exchange for royalties – cash. Please note you cannot patent something that already exists.

25. T ASK Write down at least 3 examples of firms protected by the following Patent Trademark Copyright Include a brief summary of why you think the business you selected would be covered by that specific protection

26. Patents and Intellectual Property Rights For the UK patents office four criteria must be granted: 1.It must be new. It must not have been shown or discussed publicly anywhere prior to the patent application being filed. 2.It must involve an inventive step. The idea must not be obvious to someone with reasonable prior knowledge of the subject. 3.It must be capable of being industrially made. It must take the physical form of substance, product or industrial process. 4.It must not be excluded. An invention is not patentable if it is on the physical list issued by the Patent Office. A Patent is pretty much the same in most of the developed world and lasts up to 20 years. What can be patented? Industrial process or products that can be made can be patented. Logos, brands, slogans and other branding material are protected under trade marks.

27. Exam Style Questions Using the textbook and this PowerPoint to help you please attempt to answer this question from the 2010 paper. Once you have completed it please critically mark your answer using the answer book. Use pages: 156-158 for help We will then discuss the answer in class and you can attempt to construct a perfect answer based on the mark scheme. Intellectual property is an important aspect of Product Design. With reference to at least two exemplar products explain why designers have to be concerned with protecting their designs. (2 x 14 marks)