Protecting Your Intellectual Property

What You’re Here To Learn

2

How to use IP in your business

What you need to know about patents

Introduction to intellectual property

Why Protect Your Ideas?

UK Courts: £4 million

European Patent 0042723

• Umbrella term

• Covers: • Trade Marks • Copyright • Designs • Know How • Patents, etc.

• Intellectual property • Stimulate innovation • Protect investment

IP

Pate

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Tra

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Desig

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Kn

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What is “Intellectual Property”?

• Protect brands (distinctive words or logos)

• Prove the origin of goods & services

• Registration strongly advised ®

• Duration: indefinite (if used)

Trade Marks

• Protects original works (books, music, software code, user manuals, etc.)

• Infringement requires copying

• Automatic protection (no registration)

• Duration: life + 70 years

Copyright

• Protects visual appearance

• Registered & unregistered

• Based on drawings / photos

• Copying not required

• Duration: up to 25 years

Design Protection

Trade Secrets

• Confidential information (judged by its nature,

circumstances, unauthorized use)

• Non-disclosure agreements

• Duration: potentially indefinite

• Protect inventions (solutions to technical problems)

• Copying not required

• A right to stop, not a right to do

• Protect inventive concept • not just a particular example

• Automatically published

• Duration: up to 20 years

Patents

Patents In More Detail

• Novelty • Invention never before disclosed, anywhere in the world • Includes your own disclosures (!) • No grace period in the US and Canada anymore • Don’t rely on NDAs or secrecy

What You Need To Get A Patent

• Patentable subject matter • US: Technical & Method • Europe: Technical (more Methods are not being filed)

• Inventive Step • Solves a problem • Can seem a low threshold • Think: “that’s neat”; not “wow, that’s amazing!”

What You Need To Get A Patent

• Protect a competitive advantage

• Deter competitors

• Revenue stream (licensing)

• Defensive position (e.g. cross-licensing)

• Enhance your company’s value

Why Patent?

Inventor : Makes the invention

Patent Attorney: Writes patent

application and submits to

Patent Office

Patent Examiners:

Examine the patent

application and grant or refuse

Owner: Retain rights, license or

sell to others

Courts: Enforce the patent

against infringers

Patent Process

• Main markets

• Manufacturing bases

• Licensees and competitors

• Preferred enforcement jurisdictions

Where To File

0 12 18 30 …//… 36-48+ (Months)

Publication

and Search

Search and

Examination

$ $ $ $ $ $ $ $

Patent Timeline & Costs

• Investment in first patent application is worthwhile • Largely determines future strength • Typical cost range: 25,000 – 60,000 NOK

Rules To Follow for IP

•Do not disclose before filing

Rule 1

•Let the Experts decide what is patentable

Rule 2

•Invest properly in writing applications

Rule 3

•Do not rely on a single patent

Rule 4

•Do not file in too many countries

Rule 5

•Keep control of your IP

Rule 6

•Do not discuss the patents of others in writing

Rule 7

•Do not discuss your IP over Gmail

Rule 8

•Your employees should sign agreements stating that IP they build for your company is owned by the company

Rule 9

•Never perform your own patent search

Rule 10

Value in Intellectual Property

Questions?