INTELLECTUAL PROPERTY

We provide specialist advice on the use and exploitation of intellectual property in areas patents, trade mark and registered design

Patents
Patents are used to protect inventions, which are new ideas or concepts that have a technical function or a technical aspect. They protect how new things or processes work. Therefore, if you have developed a new product, a new method of doing something, a new use for something, or a new improvement to a known product or method, you may want to consider patent protection.
To qualify as an invention, the idea or concept does not need to be a giant departure from anything that already exists. Whilst an entirely new product or method may be patentable, a technical improvement to an existing product or method may also be patentable. The technical function or aspect of your idea or concept must be new over everything that has been made public before the patent is applied for and critically, must not be an obvious improvement or combination of known features. These are the two main factors that will be considered if you choose to seek patent protection..
A patent is obtained through an application procedure and it is important that the invention is kept secret at the time that a patent is applied for.
A granted patent in a particular country provides the owner with a tool that can be used to prevent unauthorised use and importation of the patented invention in that country.
For information about the stages, time scales and typical costs involved in obtaining patent protection, please we would be happy to hear from you.
Furthermore, should you wish to apply for a patent, or have a problem or matter concerning a patent we would be happy to assist.

Registered trade marks

The primary function of a trade mark is to distinguish your business from other businesses and identify your business as the source of particular goods and/or services.
The law sets out what it considers to be a trade mark that can be registered. Typically, a trade mark is made up of words or logos or a combination. There are a few other unusual possibilities which can be considered as trade marks, because they too serve to distinguish one business or product from another and these include jingles, shape of goods or packaging. Often these unusual trade marks need careful consideration as to the likelihood of success and the form for application before applying to register them.
A registered trade mark gives you the exclusive right to use your trade mark for the goods and/or services that you have registered. Since registered trade marks are territorial it is necessary to file an application for registration in each country or territory in which you want to obtain registered protection. As a general rule, the countries or territories of interest should be those in which you genuinely intend to use the trade mark in a business context in the foreseeable future.

  • registration may deter people from using your trade mark without your permission.
  • it is easier to take legal action against anyone who uses your trade mark without your permission.
  • You are allowed to use the ® symbol next to your registered trade mark to warn others against using it.Please note that using this symbol for an unregistered trade mark or a mark that is still going through the application procedure is an offence.

    • Registered designs

    A registered design protects the appearance of the whole or part of a product resulting from the lines, contours, colours, shape, texture or materials of the product or ornamentation. Therefore, a registered design can cover both 3D and 2D features of a product, which may include surface decorations such as patterns and illustrations.
    Most countries provide a procedure which involves filing an application with the appropriate organisation which is then examined to determine if it can be registered under the relevant law. If there are no objections the design will be registered and a registration certificat issued.
    A design application has specific legal requirements if it is to be acceptable. It is common for applications to be filed with inaccurate or insufficient representations of the design and since it is generally not possible to change the design, it is important to get it right at the beginning to avoid disappointment.