Philip John _IP Wales_ - Welcome - Cardiff University Innovation by nyut545e2


									   Innovation Network
Protecting Your Business for Future
  [Trademarks. Patents. Brands]
Exploiting IP:Lessons from the Front
                  An IP Wales® Presentation

                                      Phil John
                                     Field Officer
   IP Wales is a business support initiative part funded by European Regional Development Fund and
                                    the Welsh Development Agency
What Is Intellectual Property (IP)?
“Any product of the human intellect that is unique,
novel, not obvious and has a value in the market
                            University of Texas, Arlington

“The oil of the 21st century”
                                Mark Getty, The Economist
Most businesses own some form of IP

•   Trade Secrets
•   Know-how        All of these are “automatic rights”

•   Databases
•   Copyright
Most businesses own some form of IP

• Patenting             These are territorial
• Trade Marking         and generally need
                        formal registration.
• Registered Designs   They offer “monopoly
     Why is IP important?

Not knowing could be expensive
    Saves time and money
Creating a monopoly that’s legal!
Patents – Often newsworthy

                                 Dyson v Hoover – settled
                                 for £4 million. The
                                 biggest court award in UK
                                 patent history?
The Anyway Up Cup (Mandy
Haberman) – High Court action
to sue bigger rival for patent
                       What is a patent?
          A “deal” between the State and an inventor – 20
            years’ monopoly in return for full disclosure.

A patent protects an invention that…

                         • Is novel & has a clear inventive step
                         • Is not obvious
                         • Is capable of industrial application

… & is not in an excluded category.
Eg. Mathematical methods, aesthetic
creations, contrary to public morality
         Patents give valuable rights
• to stop others from using your invention, i.e. the unlicensed
  manufacture, use, importation, or sale of patented invention

• to take legal action against others who might be infringing the
  invention to claim damages

• to let others use the invention under agreed terms, e.g. licensing
  an invention to let others exploit the invention and pay royalties
  under a licensing agreement
              Valuable rights providing…
•   the scope of the written application covers the commercially important
    elements of the invention
     –   applicants should always consider employing professional help

•   the owner has the means (& will) to enforce the patent
     –   the State grants the right but neither polices nor enforces it

•   the means to pay for the application and its upkeep
     –   each territory incurs its own costs

    & there is a clear, profitable and accessible market
                  demand for the invention
    A UK trademark is…
“any sign which is capable of being
represented graphically
and which in the course of trade,
distinguishes the goods and services of
one undertaking from those of another.
Such signs may include words,
including personal names, designs,
letters and the shape of goods or
  A UK registered design is..
…a monopoly right for the appearance of
the whole or a part of a product

Registration protects aesthetic look
(which must be of individual character)
not functionality of product
        Main benefits
• Valuable asset
• Exclusive right to make, import,
  use or stock any product to which
  design has been applied
• Marketing tool – branding the
  company’s products and image
        Some restrictions
• Cannot duplicate existing designs
• If form of product is dictated by
  function no protection is afforded
 How can you make money from IP?

• Directly – by using it in your business

• Indirectly – by licensing it

• Why do large companies want to get involved
  in licensing ?

• What are they looking for ?

• What do you have to offer ?
What do you have to offer ?
      • Significance of IP
       • Longevity of IP
 • IP Management Capability
       • Ability to exploit
     Significance of IP
     • Technical Advance
  • Importance of Know-How
• Competing IP in Value Chain?
      • Industry Maturity
        • Profit Margins
      • Revenue Growth
      Longevity of IP

  • Remaining Patent Life

• Industry/Product Life Cycle
IP Management Capability

      • Awareness

       • Capability
   Ability to Exploit

• Licensing track record

• Resources available
                    Our Tasks
• Raise awareness of IP
  – What companies own, do not own and could own
• Help protect IP
  – Help companies make decisions knowing all the
    options and the true costs
• Help commercialise IP
  – Licensing deals
            Free IP Audit Report
• Quick & easy on-line questionnaire

• Free instant report

• Provided by legal experts (Morgan Cole)
Free IP Audit

The audit will be emailed to you on completion of the form below

Please answer the following questions, if you need any help please contact us

Q 1. Do you have a new idea/invention to help develop your business?

  Please select

Q 2. Do customers specifically buy goods that you manufacture, design or sell because of the way they

  Please select

Q 3. Does your business create literary, musical, dramatic or artistic works (e.g. reports, articles,
leaflets, brochures, computer programs, photographs, diagrams, drawings or design documents),
films, videos, sound recordings, broadcasts or cable programmes, or does it publish works as part of
its operation?

  Please select

Q 4. Does your business create or use databases as part of its operation?

  Please select

Q 5. Is the know-how or other information of employees important to the success of your business or
potentially damaging to your business if disclosed to other people?

  Please select

Q 6. Do you have a web site or do you intend at some future date to create a web site for your

  Please select
       Free Advice
   • Options for protection

  • Strategy & procedures

• Roughcut costs & timetables
                  Free Assistance
• Informal database searches (eg “Espacenet”)
• Swansea “Patlib Centre”
   – Marquesa® searches for Trade Marks
   – DelphionTM patent database analysis
• Service provider briefings
 Making contact with IP Wales®

         Phil John (Non Objective 1) – 07973 154773
        David Wooldridge (Objective 1) – 07973 154775

IP Wales is a business support initiative part funded by European Regional Development Fund
                           and the Welsh Development Agency

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