If you have a brand or logo that customers identify with you, are about to launch a new branded product or service, or have composed a new instrumental for a soundtrack, or even a song, comedy sketch, etc, then it is important to protect such Intellectual Property sufficiently, because doing so could prevent someone else using them for financial gain without your permission, and 'free riding' on your hard work and hard earned goodwill that may be attached to such IP. And in the case where someone infringes your IP, if it is sufficiently protected, it could most likely give your case much weight in a Court of Law during an infringement case, than if it wasn't.
In addition it is also important to have your brand name, logo, screened (and searched) before publication or use so as to ensure that you are not unknowingly using someone else's trade mark (and thereby infringing their IP) or if its an invention idea you are trying to obtain a patent for, then to ensure that no one else has already patented it , or that it is not already in the public domain.Furthermore, once registered, most IP, be it patents and or trade marks are valuable assets that could increase the value of your business though acts such as licensing. It is also important to note that protecting and enforcing IP, are two distinctly different activities. Once your IP is properly protected, it is often required of the owner of the IP to ensure that the IP is adequately enforced from the outset, and sometimes this is important in preventing loss of rights. On a slightly different note, it is also important for other IP such as copyrights (be it an instrumental, a new song or a drama sketch ) that appropriate measures are put in place before disclosing such work. Minimally, a good contract should be negotiated with the record company(or your agent), and before signing such a contract, the artist(s) should ensure that an experienced IP professional has reviewed such documents properly and presented all the pro's, and cons (including any possible undesirable effects that could later arise).
How much investment is required in order for me to make money from my invention?
Hopefully your invention will be financially rewarding, however an inventor may need to invest substantial sums in order to bring this to fruition. But it is also important to remember that there are no guarantees that any particular product will sell well, and launching something new always involves a degree of risk. Inventors should balance facts with reason and seek professional advice not only regarding IP protection, but also business strategy on the commercial exploitation of an invention. We often provide individual inventors / SME's with a list of funding organizations / initiatives, which provide finance to new ventures / inventors. Although success is never guaranteed, it is always worth approaching such bodies to try and secure funding. You can contact us here, to obtain this list.
What should I do if I think someone is importing into the UK, products that infringe my IP?
Patents are territorial rights and are enforceable only in the jurisdictions they cover. A UK patent will only give its owner rights within the United Kingdom. This includes the right to stop others from importing articles which infringe the owner's rights into the UK. If an applicant desires patent protection in other European countries or the USA for instance, they must make separate applications at the European Patent office or the US patent office, as at present there is no single world-wide system of granting patents, although there are some treaties/ conventions (Covering Europe, US, and other parts of the world) that award a patent applicant protection in a number of jurisdictions. However, it is important to note that what you get in these instances is not one single patent as such, but a bundle of national rights which must be pursued individually. Furthermore most jurisdiction will have certain specific (and usually slightly different) requirements that must be satisfied before a patent is granted from such a single application.
A patent gives its owner the right to prevent others from making, using or selling the invention without the owners permission. A patent does not give the inventor the right to make, use or sell an invention. This is because the inventor's ability to do these things may be subject to the patent rights of others.
A patent has a life of up to 20 years from the date of filing. However, in the pharmaceutical industry where marketing permission must be acquired before a drug can be put on the market,and which effectively delays the time it takes for a drug to get to market, it is possible to obtain what is known as a Supplementary Protection Certificate (SPC), which ensures that the total term of protection is still 20 years. In practice most patents are maintained for shorter periods of time, mostly because of the pace of technological advancement, and also economic reasons such as short product lifetimes.
In the UK & Europe, the invention must be new, it must involve an "inventive step", it must have some industrial application (Industry may also include use in agriculture), and it must not encompass subject matter that is excluded from patentability. In other countries, there are slight differences in undertaking this ascertainment, although most have novelty, inventive step and industrial application. There are also other subject matter that may be "patentable" in other countries, which are excluded in the UK & Europe (eg. business methods and programs for computers as such)
It is highly advisable that you request a Patent Search for the jurisdiction in which you propose to market your invention. The search could reveal whether something similar already exists in the public domain, or whether someone else has filed an application for a similar product or process. At Mancunium IP, we have experience in conducting both patent and trade mark searches covering various jurisdictions. You can find more useful information about patent searches in this section of this website.
Yes, as long as its an 'international' exhibition. But generally, and seemingly against commercial sense, it may not be a good idea to do so because it may be possible for someone to copy your idea, or even come up with a very similar variant. And if an application for a patent is then filed in respect of the variant, in the same or different jurisdiction, it may make it difficult for you to get protection as your idea may have been publicly disclosed, and the variant may 'anticipate' your invention. Eventually, it may be impossible to bar them from making, using or licensing their variant to others, because in Europe and other countries (except the US), inventorship is judged on a first to file basis, so that the person who files an application first is generally regarded to be the inventor.
"I want someone else to steal my idea, after which I can apply for a patent and sue for infringement or demand royalties?"
When you file a first provisional application at a patent office regarding an invention that hasn't previously been the subject of any patent application, a filing date is obtained for that application. That filing date is the priority date. This is important because that filing will have an effect in other subsequent patent filings in 'Convention countries' (for example, countries acceded to the Patent Cooperation Treaty) such that the subsequent filings will be considered as having been filed at the priority date in those convention countries. But in order to do this, the applicant must make the subsequent filings within 12 months from the filing/ priority date. All patent documents claiming priority will have priority data printed on them.
Trade Mark protection lasts indefinitely in the U.K., however a proprietor is required to renew the trade mark every 10 years. It is also important to note that a trade mark owner is required to use the mark in respect of the goods and/services for which the mark is registered to ensure that the mark is not open to revocation on the grounds of no-use. Furthermore, for other countries such as the US, it is important to present 'proof of use' during the application process.
A name is a sign capable of indicating origin, so it is possible to register one's own name as a trade mark in respect of goods/ services. However it is important to note that if your name is confusingly similar/ or identical to a well known trade mark, it may be difficult in certain instances for you to register your name for the goods or services concerned, if the well known mark/ earlier trade mark is registered in respect of identical/ similar goods (and even if it is not registered it may in some instances not be possible to obtain trade mark protection).
The first thing to do is to request trade mark search for the jurisdiction in which you propose to your your mark. The search will flag up whether the proposed word, mark, or logo is already in use by someone else. At Mancunium IP, we have experience in conducting both patent and trade mark searches covering various jurisdictions at affordable rates. You can find more useful information about trade mark searches in the trade marks section of this website.
Passing off is a common law right that provides a remedy to a trader who does not own any registered trade marks but want to stop a third party from copying the "get up" / "goodwill" of one of their products or services. It is commonly defined as a misrepresentation by a trader in the course of trade to prospective customers which is calculated to injure goodwill or business of another, and which causes actual damage to such another.
The first thing to do it to contact your professional representative, patent attorney or solicitor as soon as possible. They will ascertain whether or not actual passing off or infringement may have taken place and will advice you appropriately on what options / course of action is available. At Mancunium IP we are able to assist clients in such a situation and offer advice on the options available to both IP owners, but also those accused of infringement.
The appearance of a product or a product part, in either two- or three-dimensional form, be it an industrial item or a structure, can be protected as a design . A product includes parts of a complex product, packaging and typographic typefaces, but excludes computer programs. This product appearance may result from shapes, lines, contours, colours, textures, structures, materials, or ornamentation. Shapes of food packages, designs for watches, jewellery, tools, furniture, footwear, or clothes can be protected as designs.
A design can be protected if it is new and has individual character. It is considered new if no identical design was made available to the public before the unregistered design was first disclosed, or before the filing or priority date of the registered design. Designs are deemed to be identical if their features differ only in immaterial details. A design can be made publicly available by entering it into the channels of commerce, publishing the design, or exhibiting the design so that it becomes known in the normal course of business to the sectors concerned. When assessing novelty and individual character, a disclosure shall not be taken into consideration if the designer or his successor in title has made a design available to the public during the 12-month period preceding the date of filing of the application or the date of priority.
Other typical Questions include: