Greenwich Solicitors

What is intellectual property?

Intellectual property is the property of intangible things, in other words it is the property of thought.  For a CD, for example, there is the both intangible and tangible property.  The intangible property is the music, which belongs to the artist.  The tangible property is the CD itself which belong to you.  Like physical property, intellectual property can be transferred, licensed and leased.

What is a patent?

A patent is an intellectual property relating to inventions and unique mechanical/technical processes.  To apply for a patent, the idea must genuinely new, be technically unique, applicable to a particular industry and verified to be unique by an expert in that industry.   Prior to filing an application for a patent, the idea must not already be protected by a patent anywhere in the world.

What protection does a patent give me?

A patent gives you protection for 20 years.  During that time no one else will be able to sell your invention or profit from it unless you have transferred the patent to someone else.

I work in a technical field and my work is patented by my employer.  When are my ideas my intellectual property?

If you invent things in order to fulfil the duties of your role as agreed in your employment contract and verbally between you and your employer,  the ideas will be the property of your employer.  However, if you come up with ideas in your own time and are doing so not to fulfil any part of your employment duties, then there is a good chance that the idea is yours.

What is a copyright?

Copyrights relate to unique ideas that can be written or recorded in some way.  Music, literature, web copy, computer code, sound recordings, video recordings and databases are all examples of copyrights.  Copyrights are automatically created, so there is no need to file for specific protection.

What is a trademark?

A trademark is used to protect logos, words, slogans, certain colours, smells and even sounds that can be associated with a particular  good or service and thus particular business or brand.  They allow businesses to build up their reputation, profit from it and provide certainty to consumers. They can either be registered or unregistered. The ® symbol signifies a registered trademark. The ™ symbol signifies an unregistered trademark.  The degree of protection afforded to each type varies, with registered trademarks being better protected.

How can a trademark be registered?

To register a trademark, you must make an application to the UK Intellectual Property Office.  You will only be allowed to register the trademark if it unique and does not relate to a particular good or service for which a trademark has already been registered.

What is a design right?

A design right is a type of intellectual property right that protects designs of three dimensional things that can be expressed on paper.  Like trademarks, they can either be unregistered or registered.