What is intellectual property and how can you defend it?

Patents protect new inventions. This may be a product or a process, and you will need to provide technical information in your application to prove that it is a new technical solution, or a new method of doing something.  

It’s very important that you don’t disclose your idea and its technical information to anyone without a signed non-disclosure agreement in place. This includes any professional services you engage such as an accountant or lawyer. They will be familiar with the need for an agreement and should be happy to sign one. If you disclose your idea without an agreement, the information may be shared in the public domain, and you will likely be refused a patent.  

You apply for a patent and pay fees to the Intellectual Property Office (IPO) when you file an application and to process your application after you file. This will cost at least £310 if you complete the process, and your patent will last for five years. Following this, you can renew it every year up to a maximum of 20 years, and you should factor ongoing costs into your budget.  

For the best chance of gaining a patent, you may also wish to appoint a patent attorney. You can find one on the Chartered Institute of Patent Attorneys (CIPA) directory. The service can cost several thousand pounds, so this will also need to be factored into your budget.

Trade marks protect brands, such as the names, logos, slogans, or sounds that identify your products or services.  

When you register your trade mark, you will gain the exclusive right to use your brand to distinguish your products or services from those of others. You’ll also be able to take legal action against anyone who uses your brand without permission.  

You can identify a registered trade mark by using the ® symbol next to the protected element. You must only use this symbol if you have successfully applied for a registered trade mark with the IPO.  

If you would like to register your trade mark in the UK, you must first check the trade mark register, to ensure that nobody has already registered it in the same class you want. You should also check for anything similar that the public could find confusing.  

You will then need to select which classes of product or service it should be registered in. You can find more information on how to classify trade marks on the GOV.UK website. 

It costs £170 to register a single trade mark in one class. Additional classes cost £50 each. For a series application, your first two versions of the trade mark are included in the £170 fee. Each additional version is £50 each, up to a maximum of six.  

Your trade mark lasts for 10 years. If you keep it in use and renew it every 10 years, your trade mark can last indefinitely. 

Your registered trade mark can also be sold or licensed to another company if you wish, for example if you franchise your brand. 

You may wish to use a trade mark attorney to help you conduct searches and decide the right classes – you can use the Chartered Institute of Trade Mark Attorneys register to find one. 

The use of the unregistered trade mark symbol ™ commonly causes confusion for business owners. This symbol can be used next to elements of your brand to show that you consider them a trade mark, but they are unregistered. It is used to try to put anyone off using your trade mark, but in reality offers little legal protection. If you’d like to use this mark, there are no restrictions, but you should check for anyone else using the same or very similar elements. 

Similarly, your business name being registered with Companies House or owning the domain name on the internet provides very little legal protection and would be difficult to defend against if another company begins to use your brand name. 

Designs protect the appearance of a product, such as its shape, configuration, pattern, colour, or decoration. They give you the exclusive right to make, use, sell, or import products that incorporate your design.  

A design registration lasts five years and costs from £50 for one design to £150 for up to 50. If you want to keep your design registration you must renew it every five years and you can keep it protected for up to 25 years.  

You will need to apply to the IPO, sending detailed illustrations of your designs and notes to describe exactly what you are registering. They will need to be satisfied that your design is new and that you created it in order to grant your design registration.  

You should, therefore, do a search and check that your design is not already registered before applying.  

Copyright protects original works of authorship, such as books, music, paintings, photographs, films, software, databases, and web content.  

You do not need to apply to get copyright protection – you get it automatically when you create new work and it lasts for up to 70 years, depending on what the work is.  

You also don’t need to mark your work to be protected. However, you can add the copyright symbol © followed by your name and the year of creation to your work to remind other people that your work is protected, and they should not use it without your permission. 

You can license your work to be used by other people, and also sell or transfer your copyright if you have done work for other people. You can find out more about this on the GOV.UK website. 

You can use your IP to promote your products or services and to communicate your brand values and identity to your customers.  

You can also use your IP to create a distinctive image or reputation for your business and to differentiate yourself from your competitors.  

You can display your IP rights on your products, packaging, website, or advertising materials to show your customers that you are the owner and creator of your IP. 

You can license your IP to others and allow them to use it in exchange for a fee or a royalty.  

Licensing can help you to generate income from your IP, to expand your market reach, to access new technologies or resources, or to collaborate with other businesses.  

You can also license your IP to others for social or environmental purposes, such as to support innovation, education, or public health. 

You can sell your IP to others and transfer your IP rights to them for a lump sum or a percentage of the sales.  

Selling can help you to monetize your IP, to exit a market, to raise capital, or to avoid litigation.  

You can also sell your IP to others for strategic or philanthropic reasons, such as to join forces, to diversify, or to donate. 

You can use your IP as collateral and secure loans or investments from banks, venture capitalists, or other sources of funding.  

Financing can help you to raise funds for your business, to develop your IP, to scale up your operations, or to enter new markets.  

You can also use your IP to attract investors or partners who value your IP and share your vision. 

You can monitor the market and the internet for any unauthorised use of your IP and send cease and desist letters, demand letters, or take-down notices to the infringers.  

You can also file a complaint or a lawsuit with the relevant authority or court and seek remedies, such as injunctions, damages, or costs.  

You may need to hire a solicitor or a barrister to represent you in legal proceedings. 

You will need to keep detailed information about your IP and any infringements you suspect, any actions you take and the response to these. 

You can apply for IP protection in other countries or regions through national, regional, or international systems, such as the European Patent Office (EPO), the European Union Trade Mark (EUTM), or the Patent Cooperation Treaty (PCT).  

You may need to comply with different laws, procedures, and languages in each country or region. You may also need to hire a local agent or representative to assist you. 

You can train your staff on how to handle your IP and how to respect the IP of others.  

For example, you could produce and regularly share your brand guidelines and appoint a brand custodian in your business to help ensure your logo, fonts, colour palette and straplines are used correctly. 

You can also inform your customers, suppliers, and partners about your IP policies and expectations.  

You can use contracts, such as non-disclosure agreements, confidentiality agreements, or licensing agreements, to protect your IP and to define the terms and conditions of its use by others.