Protecting your Intellectual Property

When looking at launching a new business idea you should consider what levels of intellectual property protection are open to you. Here is a run down of the different types of Intellectual Property you could consider protecting and the limitations.

Copyright

This one is automatic, any original written works, graphic artwork and computer software is automatically copyright of the author. These Intellectual Property rights last for the lifetime of the author plus 70 years. Copyright can be assigned to another individual and often forms part of a trade sale deal. To enforce copyright you should put the the copyright symbol and date of creation on the original works. So taking a website for example you should put the symbol plus date and name of the owner of copyright (this can be a company). It is also worth following with a All rights reserved notice to deter potential infringes.

Trademark

This form of Intellectual Property is used to protect brand names, trading styles and logos. Registered tradmarks offer protection indefinitely and can be easily enforced. Even the mighty Google couldn’t use Gmail as a trading identity in the UK because another company had already registered it. This is a good example of the power of registering your trademark. The process of registering a trademark in the US or UK is relatively straightforward and can be largely automated via applications to Government agencies. However it can be costly to trademark in every territory in the world and this would definitely require professional help.

Design Rights

If you are launching a new product you may be able to protect it’s design. This applies to the appearance of any product, not just aesthetic designs. This protection lasts for 25 years and much like copyright is automatic. It may be worth simply posting yourself copyrighted and dated design blueprints and then storing these in a safe place or lodging them with your legal advisor, if there is ever a dispute then you can prove that you were the originator by the date of the postmark.

Patents

This is the most contentious of Intellectual Property. New products and processes can be protected for up to 20 years by patents provided that they are unique and inventive. Computer systems and software for controlling technical equipment can often be protected via patents. However in the UK computer source code is often very difficult to patent. The best piece of advice I have been given is to call the UK Intellectual Property Office directly and try to talk with a Patent examiner who specialises in software patents.

An invention must be filed for patent application before non confidential disclosure. The patent office will then make searches and assess the potential uniqueness of the invention. The great thing about patents is that when you application is pending no one can beat you to market with the same idea as you are ahead of them in the queue.

Confidential Business Data

Confidential information, such as know-how and customer details, may be protected from improper disclosure or use under the laws relating to breach of confidence. If you need to disclose sensitive business information in dealings with suppliers then it pays to have them sign a NDA (Non Disclosure Agreement).

This is by no means an exhaustive explaination of everything relating to Intellectual Property but it gives you a decent overview of what protections are available to you. Traditionally Investors look for good Intellectual Property protection being in place before investment being made, however with Internet Startups for example full protection is not always possible. Ebay couldn’t protect their IP because of the nature of what they are doing, but they still got investment due to their phenomenal growth potential.

Disclaimer: I am not a lawyer and this article is no substitute for seeking professional legal advice.