FAQs about Intellectual Property
Intellectual Property FAQs
What is a patent?
A patent is an intellectual property right that is granted to an invention which is:
- New and unique
- Inventive – displaying technical characteristics that are unique
- Applicable to a certain industry e.g. manufacturing
What cannot be patented?
- Medical discoveries
- Mathematical discoveries
- Scientific discoveries
- Discoveries relating to the natural world
- Ideas that better qualify under some other IP right e.g. copyright
How long does a patent last for?
20 years.
How can an intellectual property lawyer help me apply for a patent?
An expert intellectual property lawyer can:
- Advise you on whether your idea is patentable
- Help you draft your application
- Conduct searches on your behalf to check the uniqueness of your idea and your chances of success
What is a copyright?
A copyright right is an IP right that is granted for:
- Literary works
- Web copy
- Art
- Music
- Sound recordings
- Video recordings
- Copy programmes
- Database
A key distinction between a copyright and, say, patents is there is no emphasis on quality. Copyrights also have the following features:
- They come into existence automatically
- They provide the work protection for the life of the original creator plus 70 years
What is a trademark?
A trademark is an IP right which is designed to protect certain words, ideas, logos, colours, sounds, slogans, images and even smells that can be associated with a particular business. Trademarks come in both registered and unregistered forms.
How can I register a trademark?
Trademarks must be registered with the UK Intellectual Property Office if you intend to register the trademark in the UK. The trademark will be registered subject to it being unique and not already registered by another business. An intellectual property lawyer can help in the process by conducting searches to ascertain the uniqueness of your trademark.