Patents and Intellectual Property for Manufacturing Business
Patents and Intellectual Property Protection
Once you have created a product, it could be damaging for your business if another company attempts to copy it. In many cases you are able to protect the product and designs, making sure only you are entitled to produce it.
There are two main forms of protection for manufacturing businesses:
Patents
A patent allows you to have exclusive rights to your invention in a specific country for a limited number of years. If someone copies your invention then you can claim for patent infringement.
To qualify as a patent, the product must be new, be a clear inventive step, and be suitable for manufacture; an idea cannot be patented if it cannot be produced
“You must be aware that you need to register in every country”
A patent lasts up to 20 years, although it must be re-registered every year after the initial 4 years. If you fail to re-register, then the patent will expire, allowing other companies to make the product. You must be aware that you need to register in every country that you intend to sell to, as patents are country specific. You should be aware that an invention costs money to register; and it is recommended that you have a search conducted to check that your idea is not already patented, which can cost between £100-200. The process of registration can also take 6 months or more, so applying early will help protect your invention sooner; you can use the words ‘Patent Pending’ to deter copying while you wait to see if the registration is approved. A patent can be licensed or sold, so if you decided not to make the product based on the invention, you could sell the idea or licence the rights and still raise some money from it.
Design Rights and Registration
When you produce a three dimensional design for a product, it is automatically protected as a Design Right. This lasts for up 15 years, and helps protect your design and shape from being copied. Under Design Right legislation, you would have to prove that the design is yours, and that deliberate copying has taken place. It is also difficult to establish the right for the purpose of selling or licensing.
“…you would need to apply for a Registered Design”
To place a more secure protection on your design, you would need to apply for a Registered Design. This is a much more secure and comprehensive form of protection, it lasts for up to 25 years and covers the outward appearance, lines, contours, shape, colours, texture and materials of a product; including two dimensional designs. It is also much easier to prove infringement of a registered design; you do not need to prove that copying took place to claim, making it a much more effective deterrent. It is also much easier to sell or licence a registered design.
The only disadvantage of a registered design is that you have to pay to register it, but it provides much better protection for the design of your products.
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