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

2. 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:

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

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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.