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How do I get protection for my idea/material?


More About Intellectual Property

What is intellectual property or IP?
How do I get protection for my idea/material?
How will my idea/material benefit from IP?
How do I enforce my rights?
Do I always need permission to use IP?
How do I get permission to use someone's material?
Why is Intellectual Property important to medicine?
Can I patent computer software?

Patents, registered designs and trade marks need to be applied for and you will only get protection if what you have is something that can be protected by these types of IP.

The UK Patent Office accepts applications and grants rights in each of these areas, but patents valid in the UK can also be obtained from The European Patent Office (EPO) and registered trade marks valid in the UK can be obtained from the Office for Harmonization in the Internal Market (OHIM). You should note that for security reasons an application to the EPO has to be cleared by the UK Patent Office first.

Copyright, design right and performers rights are three important unregistered IP rights that you might have. The protection is automatic - there are no fees to pay or forms to fill in. If you have something that is capable of protection in these areas, you may have it even if you do not know it. Even if protection exists, it is sensible to take precautions which are explained more fully under the relevant subject area of IP.

Many things can be protected by more than one type of IP. However, different IP rights give you protection in different ways so you need to check carefully what protection you may already have and what protection you could apply for. Where IP has to be applied for, it is advisable to do this at an early stage - you will not be granted the patent or registered design protection if you have already disclosed it to the public.

Getting advice at an early stage could be very useful. Things that you might need to consider include confidentiality issues, how you might enforce your rights and insurance protection.

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