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protected by a patent, so all patents are inventions, but not all inventions have a patent. There are many definitions of innovation. For example, the UK Government consider innovation to be the “successful exploitation of new ideas”7. A broader definition is doing something new with an existing idea, method or product.
- What Is IP?
- Trade Marks
- Designs
- Copyright
- Patents
- Your IP Abroad
- Further Reading
Unlike the products they protect, IP assets cannot be seen or touched. So, it can be difficult for businesses to appreciate their true value. Like other forms of property, you can buy, sell and license IP. IPRights can enable their owner to take action under civil law to try and stop others from replicating, using, importing or selling their creati...
Many people refer to their trade mark as their brand, although a brand is more than just a company logo. A brand is a ‘promise of an experience’ and offers consumers assurance about the nature of the product or service they will receive. The various IPrights covered in this guide combine to provide legal protection for some of the most important as...
Design for appearance
Designrefers to the appearance or ‘look’ of products and there are two types of protection in law: 1. a registered design is where your designs are examined and registered by the IPOor other international bodies 2. an unregistered design right is automatic but offers significantly less protection
Registered design
Design registration protects the appearance or ‘look’ of a product, providing it is new and has individual character. The design must have a special shape, configuration, pattern or ornamentation to be registered. Some people confuse patent protection and design protection. Designs protect the visual appearance of a product whereas a patent protects a technical product and how it functions. Registering your design allows you to gain a marketing edge by preventing others from using it without...
Unregistered design right
Automatic design rights do exist in the UK (UK Unregistered Design Right) and in Europe (Unregistered Community Designs). However, they offer limited protection and can be difficult to enforce. They also have a much shorter duration. You should carefully consider the potential effect on your business if relying solely on unregistered design right. Where disputes arise, you may have to prove the existence of your rights. Unlike registered designs, it will be your responsibility to prove intent...
Copyrightgives its owner the right to exclusively control and exploit their creative works. It protects literature, art, music, dramatic works, sound recordings, photographs, software, databases, films and radio and television broadcasts. Copyright protects the expression of, not the idea behind a work. For example, the text and illustrations in a ...
A patentprotects your invention and lets you take legal action against anyone who makes, uses, sells or imports your invention without your permission. A patent doesn’t keep your invention secret. In return for the legal protection you get, you share how to create or replicate your invention with the public. When your patent expires, other people c...
If you plan to do business or are already trading abroad, you must know how to use, guard and enforce your rights. IP rights tend to be territorial they only give protection in the countries where they are granted or registered. This means that if you only have UK protection, others may be allowed to use your IP abroad without infringing your right...
IP for business
Businesses create and use intellectual property all the time, sometimes without realising it. The value of your IPwhether it’s a trade mark, patent, design, copyright or trade secret can far outweigh the value of your physical assets. Keep ahead of the competition with the Intellectual Property Office’s IPfor Business tools and guidance. These can help you create value from your ideas, and turn inspiration into sustainable business success. The IPOpromotes innovation and growth by offering a...
Lambert toolkit
This offers University and business collaboration model agreementsto help publicly-funded research institutions and industry work together. It aims to help negotiations between potential partners and reduce the time, money and effort required. It includes model research collaboration agreements (one to one and multi-party) and guidance notes.
Misleading invoices
Customers have alerted us to unsolicited invitations/misleading invoices from companies offering services to protect IPrights. These look like they have come from an official source. These companies are not linked to any government or Community institution and you are not obliged to pay them. If in doubt check with your patent or trade mark attorney or contact us.
May 12, 2014 · The owner of a patent can take legal action against you and claim damages if you infringe their patent. 7.1. How to avoid infringing. Patent applicants have to provide a full description of the ...
Perhaps the best way to explain this is by way of an example of indirect infringement in the United Kingdom. Company A has a new patented process to make a fire retardant fabric which is patent protected. The fabric is for use in the fire service or where people come into contact with fire. There are two patents here.
Sep 21, 2023 · A collection of guidance about applying for, managing and enforcing a patent. Patents help protect a product or process, for example machines and medicines. From: Intellectual Property Office ...
- Intellectual Property Office
Nov 27, 2023 · Here are the general steps and factors considered in determining patent infringement. Understand the Patent Claims: The first step is to carefully examine the claims of the patent. The claims define the scope of the patented invention. Comparison of Accused Product/Process: Compare the accused product or process to the claims of the patent.
People also ask
How to determine patent infringement?
How do you determine if a patent is a literal infringement?
What is a patent claim?
What is the difference between patent violation and patent infringement?
Is patent infringement a crime?
What are the different types of patent infringement?
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
