IP for Entepreneurs

Question 1

Define IP

Answer 1

The output of the human mind and/or imagination that is protected to enable the creator to obtain a fair return on their investment in creating the output. 
Based on: 
- Monopoly rights
- Territorial 
- Time limited

Question 2

Types of IP

Answer 2

Unregistered rights

Registered rights

Question 3

Unregistered rights

Answer 3

come to existence when created, inherent to the creation itself
e.g. copyright on a book, original code, confidential information

Question 4

Registered rights

Answer 4

More powerful form of protection, but harder to obtain

e.g. patent, trademark, utility model

Question 5

Patent 3 criteria

Answer 5

1. Invention with technical character (fulfils certain criteria)
2. Invention that is new (different to what already exists)
3. Invention that is not obvious (moves the field forward)

Question 6

Unpatentable processes

Answer 6

Products derived from stem cells
Methods of surgery/medical Tx (allowed to be patented only in US)
“Mere discoveries” without embodiment in product
Mathematical methods/methods of doing business/mental acts
Computer programs
Rules for playing games

Question 7

Trademark definition

Answer 7

An indication of origin, that protects good work and brand strength. Can be logos, words, or colours
e.g. RR for rolls royce, Tiffany blue, Burberry patter
Must be distinctive and not descriptive

Question 8

TM application and existence

Answer 8

Apply at trademark office, fulfil specific requirements, pay a fee
May exist in perpetuity once granted

Question 9

Design definition

Answer 9

Design patents cover the apperance of whole/part of a product
Must be new and have individual character
Can last 25 years if fees are paid
e.g. Kiddy suitcase - patent was not good enough to protect the design

Question 10

Confidential information

Answer 10

To get patent monopoly, you have to disclose your secret to the rest of the world (18 months after release, all patents are published).
If you can keep your process secret forever, you won’t need to patent it and no one will know.
BUT objects are a lot easier to reverse engineer than processes, so keeping trade secrets is usually only valid for processes.
Note that large companies often buy small startups if they possess IP that means the company is infringing it.

Question 11

Copyright

Answer 11

Automatically comes into existence e.g. when source code of a computer program is recorded in enduring form
Lasts the entire creator’s life + 70 years
Need to prove copying (it is not a total monopoly; independent creation is a defence)

Question 12

TradeMark

Answer 12

Gives you power to stop people using similar names

Lasts indefinitely, as long as you pay renewal fees

Question 13

Registered designs

Answer 13

Could be used t protect images / icons, lasts 25 years in UK and EU
Advantage vs TM: not limited to particular product
Advantage vs Copyright: don’t need to prove copying to show infringement

Question 14

Limits of patents

Answer 14

Duration is 20 years from filing date
Territorially limited (single country), although there are common application routes available
Applications can be slow to grant (2-5 years)
Can only be enforced once granted (patent pending has no value)

Question 15

Explain bow patent is essentially a contract

Answer 15

Monopoly in exchange for teaching someone skilled how to do your invention after time lapses

Question 16

Typical structure of patent

Answer 16

Title
Abstract
Description
Claims (claim 1: defines invention broadly, most important)
Drawings

Question 17

Timeline for patent filing

Answer 17

T=0: file priority application (allows company to keep raising funds after initial filing)
T=6m: Search results available (company is notified if there is already a similar invention, so they can withdraw without losing all the money)
T=12m: file international application (last chance to add any missing info; also the timeline for patent expiry starts here)
T=18m: publication
T= 30m: convert international application into national applications

Question 18

Challenging patents after grant

Answer 18

"Opposition" in EU allows competitors to file attack on your patent centrally at European Patent Office 
Within 9 months of grant 
Patent is re-examined
Opposition results can be appealed 
Whole process can take 5 years or more

Question 19

Infringing patents after grant

Answer 19

Infringement includes products and processes covered by UK patent., and products under patent imported into UK.
Can be settled out of court
It may be very expensive to enforce a patent

Question 20

What happens if there is any public disclosure of your idea before the priority date?

Answer 20

It will harm your ability to claim novelty
Do not disclose anything before patent filing!
In the US there used to be a grace period, but now this has changed.

Question 21

What is PRIOR ART?

Answer 21

it is any relevant information to your patent application that was submitted before your priority application.
After priority application, anything published cannot be used against you
(While if you disclosed anything before, it may harm your claim to novelty)

Question 22

Why would a European Patent be beneficial?

Answer 22

It would make it easier to prosecute a patent
Currently you need to knock it out in every country individually
This involves translating and prosecuting patent in each country

Question 23

What is freedom to operate, and how do you get it?

Answer 23

Just because you have a patent does not mean you can use it on top of someone else’s patented invention
E.g. Aspirin as a tx for cancer may be patented successfully, but you still need to get FREEDOM TO OPERATE by the owner of aspirin patent to use it.