Which IP protections do you need?

Intellectual property (IP) can be a legal minefield. This makes choosing the right protections for your needs difficult. While getting the correct IP rights can bring huge value to your business, making the wrong decision could cost you time and money. It could lead you into an unnecessary process or, in the worst case, mean you don’t get the correct protections. 

To avoid getting caught up and lost in legalese, here is everything you need to know about IP protections in plain English. 

What types of IP protections are there? 

Having a basic understanding of the types of IP protections in the UK is a good starting point for finding the legal rights you need. There are five main types businesses need to consider. 

Trade marks

Trade marks distinguish a business’s services or goods from others. Known as a ‘badge of origin’, words, names, logos, graphics, colours and other types of media can be registered on the basis that customers recognise them as part of a certain brand. Once registered, trade marks have no time limit on legal protections, as long as they’re renewed every ten years. 

Designs

Registered designs are available in the UK, Europe and internationally. They are rights which protect how something looks rather than how it works. The process is quick, cost-effective and results in a right that can be renewed every five years up to 25 years total. 

There are some UK and EU design rights which you’re entitled to without registration. Known as ‘unregistered designs’, they apply as soon as you create the designs or bring them to market. However, the rules surrounding these rights can be complicated, don’t last as long and ownership can be difficult to prove. 

Patents

Patents, once granted, give the holder exclusive rights to make, use or sell their invention in the jurisdiction they cover. For a patent to be granted, an invention has to prove that it’s genuinely new and solves a problem in a way that’s not ‘obvious’. 

Only certain types of inventions can be protected with a patent, and the process can be lengthy and expensive. Renewal fees also need to be paid at intervals. However, they can last up to 20 years from the filing date, giving an invention significant market value which can be used for competitive advantage. 

Copyright

Copyrights are applied to creative works such as literature, art, music and software. This means the way an idea is expressed (not an idea itself) is protected with the creator retaining complete control over how it’s copied, adapted or shown. An automatic right, they typically last for the creator’s lifetime, plus 70 years after their death. 

Trade secrets

Trade secrets are any type of information that gives a business competitive advantage and is not widely known but which someone could gain commercial value from knowing. They don’t need to be registered or disclosed, but are classified by the fact that they’re kept secret by those who own them. In order to take advantage of trade secret law, you need to take measures to protect your trade secret information.

How to choose the right IP protections 

Although it’s always best to get professional advice before you start any IP legal process, asking yourself the following questions can help you narrow down the types of protections you need. 

What exactly do you want to protect?

The nature of the creation you want to safeguard will determine which type of IP protection is most appropriate. For example, you can only get a patent for a technical process or product or that is new and solves a problem in a way that’s not obvious. 

Similarly, you can only get a registered design for the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation. 

It’s also important to note that the specific rights you gain with various protections will also differ. With a patent, you control how the invention defined in the patent claims is used, made and distributed. With a registered design, you have the exclusive right to make, import and sell products that are identical to your design, or that give the same overall impression. In other words, designs protect how something looks, not how it functions.

Does your innovation meet the legal requirements? 

For your innovation to be protected, it will need to meet criteria set out under the relevant law. For example, to get a patent granted, you have to demonstrate that the invention is new and not obvious. So if your invention has been on the market for some time, or is trivial, you may not be able to successfully apply for patent protection.

Similarly, if you are looking to register a design, the appearance of the product in question needs to be new and have individual character.

Where do you want legal protections? 

If you want your invention to be protected in Europe (because that’s where you’re taking it to market), you may want a European Patent, and eventually a Unitary Patent, which gives you the same rights across a collective of EU countries. Or, you might want to apply for a patent in a specific country. 

Similarly, the laws around different types of IP protections will change depending on the country you’re operating in. It’s worth considering this before taking your innovation to market, as it could leave you vulnerable to your competition or legal challenges. For example, trade secret law is generally harmonised across most of Europe, but the situation is very different in China.

How do the rights fit into your business plan? 

Putting IP protections in the context of your wider business will help you understand whether they’re worth securing or not. For example, if you’re planning to sell your business within five years, and an internal, inventive, trade secret process holds inherent value, you might consider filing a patent application to enhance the company’s value. 

Always ask, ‘Will gaining these IP rights bring value to our business?’. Take into account how long these protections last, the scope they offer you and whether this matches your long term commercial goals. That way, you can build an IP portfolio around your business, its profit opportunities and long-term value. 

Developing your IP strategy

Once you’ve answered the questions above, you’ve got a foundation for your IP strategy. This will ensure you’ve got the right protections for your business’s needs. It also ensures you’re making the most of any time or budget invested into your IP. This will help you achieve good return on investment and stop you falling foul of complex IP law.