tom hutchinson "practical intellectual property"
DESCRIPTION
This is the second presentation in IP North West's seminar on IP law on 12 Oct 2011. This talk was presented by patent agent, Tom Hutchinson, principal of Hutchinson IP. In his talk, Tom considers "What is IP", "Why it is important?", "Types of IP", "Patent Attorneys" and "Tom's Top Tips". Tom is particularly well qualified to talk to FabLab because he researched additive manufacturing technology before he became a patent agent.TRANSCRIPT
Practical ˆIntellectual Property
Tom Hutchinsonwww.hutchinsonip.com
Manchester Fab Lab12 October 2011
Scope
• What is IP• Why is it important• Types of IP• Patents• Patent attorneys• Top tips
Intellectual property is about gaining, and protecting a competitive edge
all
ˆ
Improvements to products or processes
Inventions
ConceptsApplications
for new discoveries
Product appearance
Graphics
Packaging
Patents
Copyright
DesignsTrade marks
Trade name
s
Get-up
Slogans
Goodwill
Other
Trade secrets Reputation
Know-how
Inside knowledge
Dance & mime
LiteratureMusic
Films
Photographs
One-off product
s
Types of IP
Why use IP?
To prevent others from copying your ideasTo have something tangible to sell/licenseTo reassure investorsTo block competitorsTo “muddy the waters”
When to use IP?
If the IP is valuable and if its value outweighs the cost of obtaining and enforcing it
IP costs
ObtainingPatents - £3k - £10k, per countryDesigns - £600, per countryTrade marks - £900, per country
MaintainingPatents - £100 - £1000, per yearDesigns - £50 - £200, per yearTrade marks - £50 - £500, per year
EnforcingA quick “spat” - £1,000, per sideAt the IPO - £10,000, per sideIn court - £50,000 - £500,000, per side
When not to use IP
Just because you canIf the value of the market or the profitability of the product is too smallIf you do not have the means to enforce it
Patents
• A patent is a fixed-term monopoly given by the government to inventors on new, non-obvious and useful technologies in exchange for a complete public disclosure of how the invention works
Patentability
A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say-(a) the invention is new(b) it involves an inventive step(c) it is capable of industrial application(d)the grant of a patent is not excluded…
Novelty
Inventive step
Application procedure
Filing
Search
Publication
Examination
Amendment
Grant
Maintenance
Filing
Search
Publication
Examination
Amendment
GrantValidation
Filing
Search
Publication
Examination
Amendment
What is a patent attorney?
Someone with a technical background and training and qualifications in substantive IP lawExperience in acting before the IPOs and the Courts and with other legal/technical/business advisors
My background
Claims
Patent searching
Up to 40% of UK research is wastedNearly all patents that have been granted in the last
100 years are available to the publicMostly free of chargeMostly on-linePatents are classified to make them easier to searchHave you referenced any patent specifications in your
most recent literature review?Are you currently re-inventing the wheel?
Tip 1 – dates are important
Tip 2 – keep quiet
Tip 3 – never threaten
Tip 4 – do your research
Tip 5 – seek professional advice