2. 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
3. What is intellectual property?
Intellectual
Property
Patents
Trade
marks
Registered
designs
CopyrightConfidentiality
Trade
Secrets
Plant
Varieties
5. 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”
6. What can be registered?
Smell
Colour theme Shape theme
Domain name Slogan
Name Logo
Non-traditional Music
7. Limited Company names
Trade Mark registration is not company
name or domain name registration
A domain name may be
registered as a Trade Mark
Incorporating another’s RTM into your domain
name or meta-tag may be an infringement
9. 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
10. Trade Mark Registration Overseas
Paris Convention - six months priority
OHIM – Community Trade Mark
e-filing fee €900
Madrid Protocol
12. Registered Designs
Protects shape or configuration (3-D)
and/or pattern or ornamentation (2-D)
No protection for function, materials
or technology of manufacture
No protection when form is dictated
by function (ie: no design freedom)
13. 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
16. 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’
17. What is a Patent ?
State Inventor
A Bargain
Fees
Technical Description
Exclusive Rights
20 years
18. Patent fees
Application fee – £30 or £20 (Electronic filing)
Search Fee - £150 or £130 (Electronic filing)
Examination fee - £100 or £80
(Electronic filing)
Renewals
5th Year - £70
10th Year - £170
20th Year - £600
19. Obtaining Patent Protection Abroad
Separate national filings
Patent Co-operation Treaty
(PCT)
European Patent Convention
(EPC)
20. Patent Box
The HMRC Patent Box enables companies to apply a lower
rate of Corporation Tax to profits earned after 1 April 2013
from its patented inventions and certain other innovations
Must hold a Qualifying Patent (IPO, EPO) or licence
Patent must be granted (can be back dated up to 6 years)
Profits from worldwide income
Applies to profits before costs (routine costs deducted)
http://www.hmrc.gov.uk/ct/forms-rates/claims/patent-
box.htm
21. R & D Tax Credits
Designed to encourage greater R&D spending, leading in turn
to greater investment in innovation.
Two schemes for claiming relief
• The Small or Medium‐sized Enterprise (SME) Scheme
• The Large Company Scheme
http://www.hmrc.gov.uk/ct/forms-rates/claims/randd.htm
The value of relief claimed for 2010/12 was £1.1bn (£340m in
SME claims, £750m in large company relief claims).
http://www.hmrc.gov.uk/stats/corporate_tax/rd-introduction.pdf
23. 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
24. 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
25. How long does Copyright last?
Literary, musical, artistic & dramatic works:
author’s lifetime plus 70 years
TV & radio broadcasts: 50 years from first broadcast
Sound recordings: 70 years from first publication
Published editions(typographical layout):
25 years from first publication
Films: 70 years after the death of the last of:
director, composer of any music specifically created
for the film, the author of the screenplay and the scriptwriter
Uploading a work which is out of copyright to the internet may create new copyright so
don't assume it is copyright-free if you want to use it.
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