A basic guide to IP rights

Nothing would be worse than someone stealing your ideas and capitalise on all your hard work - with no come back! Paul Gordon, a partner at Willans LLP guides you through how to protect what's yours.

Paul Gordon, of Willans.

This guide relates to the protection of intellectual property rights in the UK. Where required, we can advise on options that will allow wider protection in the EU and/or further afield, writes Paul Gordon, partner and head up our litigation and dispute resolution team.

Patents

Patents protect ‘inventions’. The invention must be new, involve an inventive step and be capable of industrial application. You need to apply to the UK Intellectual Property Office (IPO) to gain protection in the UK. If granted, the patent will last for 20 years. Certain ideas cannot be patented.

It is vital that patent applications are made as soon as possible. If they are in the public domain before the application is filed – even by a day – the inventor will be unable to gain patent protection.

Design rights

The term ‘design’ relates to a product’s appearance: its shape, texture, colour, materials used, contours and ornamentation. To qualify as a new design, the overall impression should …