Protecting your ideas

Intellectual Property (IP)

Intangible creations of the human mind (inventions, brands, designs) that have commercial value.

Why protect IP?

To prevent counterfeiters (fake goods) and pirates (unauthorized copies) from ruining your reputation or losing you money.

What you can do with IP

Control its use, sell, buy, lease, license, or make money out of it.

Copyright

An automatic right protecting original literary, dramatic, musical, and artistic works.

Trademark

Protects logos, signs, and symbols used to distinguish a product or service from competitors.

Patent

A registered right protecting the form, functionality, and manufacturing process of a new invention.

Design Right

Safeguards the visual, aesthetic appearance (shape, pattern, decoration) of a product.

Copyright Applicability

Applies automatically once an idea is fixed (written down) in any medium; protects the expression, not the idea itself.

Trademark Registration

Registration is optional (TM) but provides better legal protection (R); must be renewed every 10 years.

Examples of Trademarked Colours

Green for BP, Yellow for AA, Purple for Cadbury, and Blue for IBM.

Design Right Criteria

Must be new, have individual character, and not remind an informed person of an existing design.

Lucasfilm v Ainsworth Case

Lucasfilm lost a copyright suit over 3D Stormtrooper helmets because they failed to register design rights for their 2D drawings.

Unregistered Design Rights (UK)

Free automatic protection for internal/external shape lasting 10-15 years, but does not stop 2D copying.

Patent Criteria

Must be new, inventive, and makeable or useable in industry.

What cannot be patented?

Scientific/math discoveries, artistic works, mental acts/business methods, animal/plant varieties, medical treatments, or things against public policy.

Patent Costs & Timeline

Costs £310 to file (as of 2018), takes 3-4 years to register, and must be renewed yearly for up to 20 years.

UK Patent Process

1. File Application, 2. Search, 3. "A" Publication (18 months), 4. Examination, 5. Grant, 6. "B" Publication.

Patent Filing Rules

Record the idea and search patent databases, but do NOT publicly reveal it without confidentiality agreements.

Public Disclosure Risks

Revealing information without confidentiality (e.g., theses, websites, presentations) compromises the ability to protect the underlying IP.

Mitigating Disclosure Risks

Mark as confidential, use confidentiality contracts, limit the number of parties, and limit the details disclosed.

Is an idea bad if already covered by IP?

No, it proves the idea has value, and you might utilize established infrastructure (e.g., franchises).

IP Ownership

Employers own employee IP, but university students usually own their own IP unless assigned to the university or a sponsor.

Key IP Question

"Will intellectual property protection going to help or hinder your product idea?"

IP Durations

Trademark: Forever; Copyright: Creator's life + 70 years; Registered Design: Up to 25 years; Patent: Up to 20 years.