A 10-step guide to protecting your ideas

Step 1: Keep quiet.

Many forms of intellectual property protection are not available if an idea is not new. As such, a public disclosure of the idea before protection is applied for may invalidate any subsequently obtained rights. Public disclosures include any written or oral disclosures of the idea and public use, trials and demonstrations where there is no express or implied condition of confidentiality in place regarding the disclosure.

Step 2: Do your research.

So, you’ve got a great idea, but how can you turn that idea into a profitable business? Firstly, you need to crystallise the idea by working out exactly what it is and how it will work. A good idea is commercially useless if it is not possible to reduce it to a workable product or service. Secondly, you need to be sure that the idea is something with commercial potential, for example, is it cheaper or better than something that’s gone before, and if so, can those benefits command a premium?

Step 3: Decide whether your idea is worth protecting.

There’s a well-known truism in IP, namely “...if it’s worth copying, it’s worth protecting...”. If, having done your background research, you conclude that the idea will work, and that it has the potential to be profitable, then your competitors are likely to think so too. You should therefore seek professional advice from a Patent Attorney in relation to how best to protect the product/service, or indeed the idea underlying it.

Step 4: Choose an appropriate form of protection.

Different types of protection are available for different types of Intellectual Property, and the requirements and costs associated with each vary tremendously. A Patent Attorney will be able to advise you and provide an appropriate strategy that balances the often competing requirements of cost, effort and scope of protection available. An overall IP strategy may include aspects such as patents for underlying technical improvements, registered designs for the appearance of products,  copyright protection for literature, websites and other promotional materials, and trade marks for any branding adopted.

Step 5: Decide where protection is required.

Decide where you intend to manufacture, market and sell your products. Are you likely to want to offer franchises to overseas companies? Are you going to exploit the idea yourself, or will you license others to do so on your behalf? Your Patent Attorney will be able to build these factors into an appropriate filing strategy tailored to your budget that provides optimal protection.

Step 6: Apply for IP protection.

Your Patent Attorney will normally be able to make the necessary applications for IP protection in the territories required. Sometimes, it is possible to make effective use of the nuances of the IP system, such as priority periods and regional application procedures, to stagger and/or defer costs until your idea got going.

Step 7: Start making, selling and otherwise exploiting your idea.

Once the relevant IP applications have been filed, you will generally be free to start making and otherwise exploiting the idea without compromising the validity of any subsequently obtained rights.

Step 8: Prosecute your IP.

In most cases, merely applying for IP protection will not be enough. You may need to overcome official objections to your applications and/or revise your applications to address changing market conditions, and or to adapt your IP applications to best cover your competitors activities and/or your own design modifications. Prosecution can take anywhere from a few days to several years to complete, depending on the IP right and country concerned. Meanwhile, you should be trying to exploit your idea to the maximum extent possible.

Step 9: Obtain registration/grant.

At the end of the application process, you will hopefully obtain legally enforceable IP rights, which you will need to maintain (normally by paying renewal fees).

Step 10: Police and enforce your IP.

It will be up to you, as the right holder, to detect and enforce any potentially infringing activity. You may need to instigate “watching” procedures to keep tabs on your competitors’ activities and take swift action in the event that infringements are suspected. You will also need to keep tabs on any commercial agreements you have entered into to ensure compliance with the agreed terms. Your Patent Attorney will be able to advise you in this regard.

WP Thompson & Co
Coopers Building
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Liverpool
L1 3AB

Email: dgr@wpt.co.uk
Tel:  0151 709 3961
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