Regulated by IPReg | Registered in England & Wales No: 07491607

© Hutchinson IP Ltd, 2012

®

What we do…

Many new ideas can be protected using Intellectual Property Rights (also known as "IP rights" or "IPRs").  The main purpose of IP rights is to enable the inventors, designers and creators of original ideas to stop others from copying their ideas without permission.  There are many different types of IP rights, some of which may overlap, and may exist in parallel with one another.  (Learn more about intellectual property rights…)

At Hutchinson IP, we offer a full range of IP services and can help you to obtain, maintain and enforce patents, designs, trade marks, copyright and other IP rights in the UK, Europe and overseas.  

We can provide you with the expert advice and representation you need to develop and maintain a competitive edge through the effective exploitation of your intellectual assets.

(Learn more about what we do…)

Our approach…

Our approach is very much focused on delivering results and our strategic approach is all about making sure your intellectual assets, that is your ideas, inventions, brands and so on, are not only properly protected, but actually used to gain a competitive edge.

Many IP firms are only interested in obtaining IP rights, but we see that as being just the first step towards gaining market share.  In our view, there is no point having IP rights if don’t know how to, or if you don’t ever, put them to work properly.  

Over the past 18 months, we have been involved in more than our fair share of “spats”, which stems from our policy of actively managing our client’s IP portfolios and then taking a stand, where necessary, to defend or enforce their IP rights.  

We have used IP law to secure favourable settlements for our clients in numerous disputes, we have used the UKIPO’s Opinions service on a number of occasions, we have successfully defended patents in European Opposition proceedings and have taken steps to prevent our clients’ competitors from using their trade marks.

In many cases, the mere fact that a registered IP right, be that a patent, registered design, a registered trade mark, etc. exists can be enough to deter would-be competitors.

In the case of patents, once filed, the applicant is able, and indeed recommended, to market the product to which the application relates as a "patent pending" product.  This alone can provide a useful commercial advantage because it may deter others from copying the technology concerned for fear that the application may grant, and their activities could be deemed to infringe.  Moreover, when trying to secure investment or a licensee, it is often necessary to have some tangible IP rights in place that can be valued.

In many cases, it is possible to keep patent applications pending for several years, provided all the necessary steps are taken to keep the application "alive", even if the application never matures into a granted patent.

Nevertheless, whilst a merely pending patent application does not confer any right on the Applicant to sue for infringement, the publication of a patent application does confer "provisional protection" and effectively enables patentees to make a backdated claim for damages should the patent eventually grant, and be infringed.  As a competitor wishing to copy a "patent pending" technology, this “muddies the waters” considerably because until such time as the application is either granted or refused, its scope is uncertain, which prevents the competitor from obtaining any degree of certainty about his/her potential liability for infringement.  

(Learn more about “keep off the grass” patent strategies…)

We are IP experts & our job is to help you to protect & exploit your ideas. We specialise mechanical & electrical engineering patent work, with a particular focus on energy, renewables, robotics, materials, manufacturing & sport technology.  We charge for results, not our time & operate a fixed-fee pricing policy.  Our no-nonsense approach delivers clear & commercially-focused advice on-time & on-budget.

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Patent Box…

IP Strategy…

The Patent Box is a new tax relief scheme that is available to companies liable to UK Corporation Tax (CT) as of 1 April 2013.  

Companies that derive profits from patented technology may be able to claim a CT reduction. Relevant IP income includes profits arising from: selling patented products, licensing out patent rights, selling patented rights, infringement income, damages, insurance or other compensation related to patent rights and the use of a patented manufacturing process.

The Patent Box scheme operates in parallel with, and in addition to, the existing R&D Tax Credits scheme.

The CT reductions will be phased-in in stages, with full reduction being available from  1 April 2017.

If your company already owns patents, and makes profits from the exploitation of patented technology, you may be able to benefit from a reduction in your CT bill from April 2013.  

If you company has one or more pending patent applications (applied for, but not yet granted), there is now a stronger case for accelerating the examination procedure to benefit sooner from the Patent Box. Nevertheless, there are provisions in the Patent Box scheme that allow companies to make backdated claims to cover patent-related profits arising in the “patent pending” period.

If you company is developing new products or processes, consideration should be given to applying for patents for those new products and processes - not only from the perspective of being able to protect your R&D investment, but also to benefit from CT relief should the technology turn out to be patentable.  In addition, due consideration should be given to whether or not the R&D that you may be involved in qualifies for relief under the R&D Tax Credits scheme.  

In all three cases, you need to consult your accountant and patent attorney as soon as possible.

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