Manchester Science Enterprise Centre Intellectual Property Dr Robert A. Phillips Manchester Science Enterprise Centre

Intellectual Property What we will cover: 1.What is IP? 2.Who Owns it? 3.Why Does it Matter? 4.Questions?

Manchester Science Enterprise Centre What is IP? Creations of the mind, that lead to : Inventions, Literary & Artistic works, Symbols, Names, Images and Designs used in commerce Intangible property that is the result of creativity A species of legally enforceable right associated with intangible aspects of physical items Definitions – Oxford Reference Online Offers individuals a way to own, control & be rewarded for their own creativity and innovation through the use of a variety of protective measures.

Manchester Science Enterprise Centre Types of IPR Type of Asset Invention Logo, mark Physical Expression of Ideas Marketplace and Existing Technology / Knowledge Protected by Patents Trademarks Copyrights Trade Secrets and Non-Competes Or Publication Slide Information from Brown, 2004

Manchester Science Enterprise Centre Patent Covers Inventions Must be new, have an Inventive step not obvious to others in the field Capable of being made or used in industry NOT theory or method, plant or animal variety 20 years protection, takes 2-3 years to complete and costs £200 (Plus lawyers fees)

Manchester Science Enterprise Centre Debate ! Biotechnology – can patent if an inventive step even if using bio material e.g. biomaterial with specific characteristics if not confined to one species of plant or animal No genes, discovery, cloning process, embryos can be patented Software – currently US and Japan allow patenting much wider than UK. UK mainly for software which controls a physical function

Manchester Science Enterprise Centre Copyright Art, Literature (novels, instruction manuals, computer program, website content) Automatic protection. Add © with name and date to remind others ! Unregistered protection. Can post copy of material to solicitors for safe keeping Broadcast 50 years Literature/Art 70 years after the death of the author

Manchester Science Enterprise Centre Trademark Name, Logo, Slogan, Colour or Sound Must be distinctive and not similar to any other or deceptive Registered trademark is ® but can mark with an unregistered trademark TM Costs £200 for each class of goods or service. Renew every 10 years

Manchester Science Enterprise Centre Registered Design Covers decoration, texture, material colours and shapes Must be new an of individual character Cost is £60 and takes 3 months Published on Patent Office website/journal Lasts 25 years

Manchester Science Enterprise Centre Who owns the IP for your entry? Need to be clear that the intellectual property contained in your entry belongs solely to your team. Ethics. The General Position If an employee creates IP during the course of employment it belongs to employer. Students not usually classed as employees BUT need to careful. Source: Intellectual Property and Confidentiality: Eversheds LLP and UMIP 2004 copies available from UMIP.

Manchester Science Enterprise Centre IP Ownership Staff?Student?What IP?How and with? Where created? Academic?Undergraduatee.g. articlesOwnhome Academic related PostgraduateSource codeWith a groupEmployers premises inventionsWith Supervisor Using employers facilities External funding Collaboration with external Adapted from: Intellectual Property and Confidentiality: Eversheds LLP and UMIP 2004

Manchester Science Enterprise Centre Why important ? Need to know Originators and Contributors Only originators can share rewards from commercialisation Need to obtain any joint owner’s consent. You may find that you have waived your IP rights when working on a university project.

Manchester Science Enterprise Centre Practical Advice Confidentiality is vitally important Disclosing information may invalidate patent applications May inadvertently give information away Venture Further have confidentiality agreements (NDAs) in place (see website)

Manchester Science Enterprise Centre Intellectual Property References Intellectual Property and Confidentiality – a researcher’s guide Eversheds LLP and UMIP The UK Patent Office IP – Strategies to achieve sustainable competitive advantage S. Brown, MIT Technology Licensing Office, 27/1/2004