Summary of IP rights

Patent briefing papers:

Patent links:

PCT contracting states

EPC contracting states

Paris Convention Countries

Further information:

Protecting ideas

Pre-filing searches

General briefing papers:

IP rights summary

IP Primer

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

+44 (0)1704 320 084

Home About us What we do Information Online services Jobs Contact

IP rights summary…

FORM

FUNCTION

BRANDING

EXPRESSION

Main forms of protection

Unregistered Design Right

Patents

Passing off & trade marks

Examples

The shape of a product, its appearance or design that has deliberately chosen for aesthetic or functional reasons

Aspects of a product or process that (usually) exhibit improved performance, reduced complexity, better longevity, or that solve technical problems

Logos, product names, colour schemes, slogans, sounds

Text, graphics, videos, sound recordings, web site content, instruction manuals, technical data sheets, advertising materials

Main requirements

Novelty and individual character

Novelty and non-obviousness

Distinctiveness

Originality and tangible form

Duration of right

3-25 years

Up to 20 years

Indefinite

Up to 70 years

UK cost

~£600

~£3,500

~£800

£0

European cost

~ £900

~£8,000

~£2,500

£0

Overseas cost

~£2,000

~£5,000 +

~£2,000

£0 - £5,000

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.

The simple example below of a toaster illustrates how various different IP rights can be used to protect products and the ideas underlying them:

The images shown on the packaging and the text of the instruction manual may be copyright material. Copyright is the original author's exclusive right to make copies of art, photographs, films, designs, sculptures, text etc. and unauthorised copying may amount to copyright infringement.

Patents can be used to protect new and non-obvious technical innovations. For example, the internal circuitry that controls the cooking & defrosting functions, the arrangement of the elements to give more even toasting, the removable crumb tray, the insulated side walls, the packaging and materials used to ship the toaster, etc. could be protected using one or more patents.

The overall appearance of the toaster is probably one of the most important factors when a consumer makes a purchasing decision. The appearance of the toaster (or any of its component parts that are visible during normal use) could be protected using a combination of Design Right and Registered Designs, as could the appearance of the packaging.

There are many other types of IP right as well, such as database right, rights subsisting in plant varieties, the law of confidential information (e.g. trade secrets, know-how, etc.). The table below summarises the key features of a number of IP rights.

Branding and trade marks enable consumers to distinguish between the goods and services of different undertakings. Trade marks can be words, logos, colour schemes, shapes and sounds - provided the mark can be used to distinguish the goods or services concerned. The main functions of marks are to convey a particular level of quality and to guarantee trade origin. Trade marks can be registered or unregistered and may enable the right holder to control who can apply the mark in question to different types of goods and services.

The following table provides a general overview of various different types of IP rights, what they can be used to protect, how long they last, what the main requirements are and approximate costs. Further and more detailed information is provided elsewhere on this site.