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Copyright and Patents
This section gives information on the different types of 'intellectual property' and how these can be protected. The main areas covered are trade marks, copyright, designs and patents - the procedures and protection provided by each of these are different (and may not be what you expect!) - links within the text will lead you on to further sources of information if you need it. If you have any questions or need further advice, please contact Jane on 01234 326379 or email us through our Contact Us page.
What is a Trade Mark?
A trade mark is a sign which can distinguish your goods/services from those of another business. A trade mark can be in the form of words, logos, pictures or a combination of these.
In order to be able to register a trade mark it must;
Registration of trade marks is available through the UK Patent Office. You can find out how to apply at: www.patent.gov.uk/tm/howtoapply/index.htm
Details of the examination process that the UK Patent Office will apply when considering an application can be found at: www.patent.gov.uk/tm/howtoapply/examproc.htm
What is Copyright?
Copyright give the creator of a piece of work the right to control ways their material can be used. The rights cover:
Copyright protects only the following types of work:
So if your product does not fall into one of these categories, copyright does not apply and you should refer back to the section on trade marks above.
There is no official register for copyright - it is a right which comes into effect immediately that the work is 'fixed' i.e. put down on paper, recorded on film, as an electronic file etc. More information on copyright can be found on the UK Patent Office website at www.patent.gov.uk/copy/index/htm
What is a Design?
A registered design works in a similar way to a trade mark but relates to the appearance of all or part of a product. Features such as the:
of the product or part of the product will form the basis of the registration.
In order to be registered, the design must:
More information on how to apply to register a design is available at: www.patent.gov.uk/design/howtoapply/index.htm
What is a Patent?
A patent is a right granted by the government to an inventor which, for a limited period, prevents others from making, using or selling the invention without the permission of the inventor.
Patents normally cover products or processes that have new functional or technical aspects - for example, the way things work, what they do, the way they are made or what they are made of.
In order to be able to patent an invention it must:
Some inventions are excluded - generally these are:
Information on how to apply for a patent is available at: www.patent.gov.uk/patent/howtoapply/index.htm
Other possible ways to protect your business or product name
Registering your business name with Companies House may prevent other businesses from trading under your name. Please read the advice available on the Companies House website for more information. A good point to start is: www.companies-house.gov.uk/infoAndGuide/companyRegistration.shtml
Registering any domain names which use your business name or the names of important products/services that you supply may also be advisable. Business Link provide guidance on this at: www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1075387349
If you need further information about intellectual property matters, please give Jane a call on 01234 326379 or email us through our Contact Us page. An initial discussion is free of charge.
Please note: The information given is based on interpretation of current applicable legislation. Only the courts can interpret statutory legislation with any authority. |
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email: info@vitalproductsolutions.co.uk © 2004 Vital Product Solutions. All rights reserved. |
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