Frequently asked questions
Contents
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If I have a patent, or copyright can I expect to be able to exploit this?
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If the patent or copyright is exploitable can I charge any royalties I like?
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What can I do about disagreements after I have transferred the intellectual property?
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I have intellectual property that I would like to exploit beyond my own organisation, what can I do?
1. Why are patents or copyright important?
These give the owner protection from copying and unfair competition.
2. How long is this protection?
In the UK, twenty years for patents and sixty years for copyright.
Wherever the patents or copyright are granted
4. Do they offer complete protection?
Yes, but... No patent can be totally certain that something has not already been invented and disclosed, only that a search has not found that out yet. If at a later stage it can be shown that the invention was already in the public domain, the patent fails.
This is easier to protect, but small changes in content, or layout, or proof of similar material in the public domain can weaken the protection. Copyright can be challenged.
6. If I have a patent, or copyright can I expect to be able to exploit this?
No. These give protection, but to be able to commercially exploit this, you will need to be able to track production or use. Some territories may be too dangerous or difficult to police. Some patents may be too difficult to check counterfeits. The costs of policing may exceed the income. Some method patents cannot be verified easily.
7. If the patent or copyright is exploitable can I charge any royalties I like?
Not in practice. If this causes too high a price you will attract competition and ways of getting around your protection. The market is still likely to effect the final price.
8. What can I do about copying?
If you have protection, you can use the courts. In practice this can be expensive, especially in territories with high litigation costs. This has to be a commercial judgment.
9. How can I go about transferring intellectual property?
Licensing, agencies, joint ventures, selling are all ways of transferring intellectual property.
10. What can I do about disagreements after I have transferred the intellectual property?
First make sure you have a good agreement where these "what ifs" are covered. Litigation may not be the best way, but sometimes necessary. Arbitration can be cheaper. An exit process needs to be in place at the outset - certainly for the owner.
11. What makes a successful intellectual property transfer?
One where both parties win, one where both want to grow the business and one where both want to work closely with the other to solve problems. This is not a quick fix, but ideally where a long term relationship suits both parties.
12. I have intellectual property that I would like to exploit beyond my own organisation, what can I do?
Make contact with us. We will arrange to consider your intellectual property under cover of a confidentiality agreement.
Ensure within your own organisation that everything is stamped confidential and kept confidential and that the numbers of people with knowledge of your intellectual property is kept to a minimum. Look at the UK patent office website. Seek the advise in confidence of a qualified patent agent (e.g. D. Morgan at Novarlis) and ensure that nothing gets into the public domain in the meantime. If after protecting your intellectual property you wish to consider external exploitation make contact with us.