Protecting your intellectual property

1. Ensure employment and consultancy contracts clearly state your ownership of all intellectual property developed for you.

2. Use patent searches early in the development of new products and processes to establish whether they are already protected by someone else.

3. Keep a log of evidence recording the development of intellectual property: for example, dated and signed copies of drawings and drafts.

4. Keep new inventions secret until you have decided whether their commercial viability justifies the cost of patent protection.

5. Consider alternatives: for example, rapidly capturing a market niche to discourage new competitors.

6. Consider filing an initial patent application to give you the time to develop or sell the idea; contact a patent agent for advice.

7. Contact your solicitor for advice on trade mark searches and registration to ensure that any trade mark you develop is properly protected.

8. Take advice on the extra steps needed to protect your intellectual property internationally.

9. Maintain protection for patents (for up to 20 years) and trade marks while the commercial case remains by paying renewal fees as necessary.

10. Identify your designs (for the shape or appearance of an article) which are automatically protected by design right.

11. Consider whether new designs for the appearance of part or all of a product are worth protecting with stronger design registration.

12. Identify materials which are automatically protected by copyright; add the copyright symbol, your name and the creation date to emphasise it.

13. Enforce your rights by identifying breaches and pursuing offenders, but think carefully before initiating uncertain and expensive legal action.

Cardinal Rules

Do:

• keep records and evidence of all your intellectual property
• use searches before investing in ideas which may already be protected by someone else
• evaluate the commercial justification for investing time and money in additional patent, trade mark or design protection
• take advice from patent and trade mark agents
• be prepared to try to enforce your intellectual property rights

Don't:

• disclose new inventions before planning protection
• assume protection will automatically prevent infringements of your rights
• take legal action without carefully assessing the merits and potential costs of your case