IP Basics

Download our simplified guide to the trade mark application process, including timescales and costs.

Watch our short video for a simplified timeline of the patent process, from application to grant.

A patent is the grant of a monopoly right for an idea or development which is new and not obvious over anything that was previously known. It provides a right in the country concerned to prevent others from using an invention in return for public disclosure of the invention.

Having your own patent does not mean that you can ignore other people’s patents. For example, you might have a patent on a specific compound, but another person might have an earlier patent which covers the whole class of compounds. Or if you have a patent on a certain part of a process, there might be other patents which cover upstream or downstream parts of the process that you are planning to use.

Patents are a form of intellectual property (IP) right that give their owner exclusive territorial jurisdiction over the invention claimed. If a patent holder asserts that your activities risk infringing their patent rights then you will need to assess the situation quickly with professional advice e.g. from a qualified patent attorney.

Copyright is a right that exists automatically in new or original works, such as artistic, dramatic, literary or musical works. It enables the owner to control use of their work, to be identified as the creator of certain kinds of work, to object to the distortion or mutilation of it and, perhaps most importantly, to make gain commercial through the exploitation of their creative material.

As well as designing a product to work efficiently, most manufacturers make a significant investment in the appearance of their products. Products such as Dyson vacuum cleaners and iMac computers are as well known for their original appearance as for their technical capabilities. Such investment often brings a high return in terms of value added to products, but how can that investment be protected?

The term intellectual property (IP) refers to a variety of different types of legal rights. It can be quite confusing for business owners to know what IP rights they have, or what rights they should be seeking.