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Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Dave Hopkins Business, Outreach & Education.

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Presentation on theme: "Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Dave Hopkins Business, Outreach & Education."— Presentation transcript:

1 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Dave Hopkins Business, Outreach & Education An Introduction to Intellectual Property

2 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS) 850+ staff based in Newport in South Wales, 30 based in Bloomsbury, London Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR)

3 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

4 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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.

5 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED What is intellectual property? What makes your business different from your competitors? What makes your business stand out from the crowd? Name?Service?Product?Look? What is your USP?

6 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED What is intellectual property? Intellectual Property Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties

7 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Trade Marks

8 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED A Registered Trade Mark is... 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”

9 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED What can be registered? Music Colour Shape Domain nameSlogan Name Logo Non-traditional

10 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED ODOREADER Trade Mark 2546977 University of the West of England, Bristol and University of Bristol

11 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

12 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED The Hard Part Totally invented words Usually between 4 and 8 letters No meaning in any language Luck

13 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED The Don’ts Geographical names Avoid laudatory terminology Restrictive names

14 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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.

15 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

16 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems

17 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED UK Applications Fees: Application fees: £170 – Includes one Class Additional Classes £50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months

18 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Trade Mark Registration Overseas Paris Convention - six months priority OHIM – Community Trade Mark e-f iling fee €900 Madrid Protocol

19 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Registered Designs

20 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Design Registration No. 748314- 1 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

21 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Examination Shape created to perform its function Contrary to public policy or morality Protected flags or emblems

22 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Examination Is the design new? It must not be the same as any design which has already been made available to the public Does it have individual character? The overall impression the design gives to someone must be different from the impression any previous design gives them

23 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

24 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Design Registration No 3001664 Registered Designs

25 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Design Registration No 3001664 Registered Designs

26 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

27 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Registration Overseas Paris Convention – 6 Months OHIM - Community Design Hague Agreement (1/1/2008)

28 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Community Design Since April 2003 Registration fee€230 Publication fee€120 www.aomi.europa.eu

29 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Patents

30 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED A motorised cycle 2008

31 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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’

32 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED GB 2222821

33 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 12 Prepare a patent specification Description Drawings Claims Abstract File form 1 and a 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 9Aand fee within 12 months of the filing or priority date The application process

34 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

35 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Patent fee changes – 6 April 2010 Application fee – No Change - £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 - £170 20 th Year - £600

36 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED A games apparatus comprises means defining a confined playing area delineated with a plurality of loci which loci are coded and a random command selection device to provide in seriation commands for players using the apparatus to move and reposition command named portions of their anatomies between and relative to the loci of the playing area. The loci may be of any geometrical configuration, arranged in columns and may be coloured with different colours. The random command selection devices which provides in seriation commands may comprise a spinner board bearing indicia corresponding to different commands and a spinner or pointer preferably centrally mounted GB1104290 – Milton Bradley Co – July 1966

37 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED

38 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC)

39 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

40 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Copyright

41 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

42 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

43 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

44 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Top Dead Earners 2010 1. 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

45 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Baker Street Estimated £80,000 per year in royalties since 1978 Copyright expires 31 Dec 2081 Saxaphone riff played by Bob Holness Raphael Ravenscroft One off fee £27

46 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

47 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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.

48 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED 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

49 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Registered Design Copyright: labels & artwork ® Registered Trade Mark ‘TM’ unregistered Patents: several dozen! Bringing it all together

50 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Information Centre: 0300 300 2000 © Crown Copyright 2008 ipo.gov.uk

51 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Services from the IPO Mediation Search (SAS) Call Centre Opinions Search (on-line) Health -Check Lambert tool kitWorkshops

52 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED

53 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED

54 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED IP Healthcheck Free online diagnosis Patents, Trade marks, Designs & Copyright Licensing and exploiting your IP Confidential Information 6 On line IP Healthchecks

55 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk NOT PROTECTIVELY MARKED Thank you Dave Hopkins david.hopkins@ipo.gov.uk


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