1. © Murgitroyd & Company 2011 An Introduction to Intellectual Property Angela King European Patent Attorney European Design Attorney Newcastle University October 2013

2. © Murgitroyd & Company 2011 What is IP? Examples of IP in Industry Ethics of Patents and Other Monopoly Rights Talk Outline Commercialising your IP

3. © Murgitroyd & Company 2011PatentsPatents Trade Marks DesignsDesigns CopyrightCopyright Confidential Information Intellectual Property

4. © Murgitroyd & Company 2011 I.P. Rights Very important in competitive marketplace Reward research and development and prevent unauthorised exploitation of your rights Reward research and development and prevent unauthorised exploitation of your rights Is the road clear? - Even if you do not want to assert your own rights, you can still be in danger of infringing somebody else's

5. © Murgitroyd & Company 2011 Best return for expenditure Monopoly in marketplace Barriers to entry for competition Why Secure IP Rights

6. © Murgitroyd & Company 2011PatentsPatents Trade Marks DesignsDesigns CopyrightCopyright Confidential Information Intellectual Property

7. © Murgitroyd & Company 2011 Patents - General A state granted monopoly - lasts up to 20 years Prevents unauthorised exploitation of ideas or inventions Rewards and encourages research and innovation Patents granted for ideas and inventions

8. © Murgitroyd & Company 2011 Not an obvious solution to the problem the invention overcomes Strict Requirements Absolute Novelty - No prior public disclosure Application is examined by the Patent Office Patents are not granted merely by filing an Application Patents - General

9. © Murgitroyd & Company 2011 Granted patent - defines scope of enforceable protection ClaimsClaims Application stage - sets out scope of protection sought SpecificationSpecification Application Contains Describes the invention sufficiently to enable the invention to be practised by a person skilled in the art

10. © Murgitroyd & Company 2011 Action Required by Agents Draft description of the invention and file at the Patent Office Add Abstracts, Claims and Formal Drawings to the Application (or file a new complete application claiming priority from original application). Pay the search fee and complete other formalities. Advise on the significance of any Prior Art cited in the Search Report Pay Substantive Examination Fee Analyse Examination Report and attempt to overcome any objections by argument and/or amendment of the application. Deal with any further official objections. File any corresponding foreign applications 12 Months 4 Months 2 Months 6 Months 2 yrs 6 mths to 4 yrs 18 Months 12 Months 10 Months Grant Formalities Further Official Actions Issued First Official Action Issued Request Substantive Examination Application published by Patent Office Receive Search Report from Patent Office Continuation of UK Application File UK Application Typical Timescale for a National UK Patent Application

11. © Murgitroyd & Company 2011 International Patent Application Procedure Granted European Patent Granted National Applications 12 Months File Individual Overseas Applications File Individual Overseas Application File European Application File International PCT Application File European Application File UK Application

12. © Murgitroyd & Company 2011PatentsPatents Trade Marks DesignsDesigns CopyrightCopyright Confidential Information Intellectual Property

13. © Murgitroyd & Company 2011 Trade Marks Trade Marks are used to distinguish products and services Trade Mark can be: WordWord LogoLogo Any sign which is capable of distinguishing the goods and services of one trader from those of another SoundSound SmellSmell

14. © Murgitroyd & Company 2011 Trade Marks Adds value to a company – Guinness 2 Billion Euro Coca-Cola Interbrand Value $79.1 Billion (61.3 Euro) Coca-Cola Interbrand Value $79.1 Billion (61.3 Euro) Adds value to a company – Guinness 2 Billion Euro Coca-Cola Interbrand Value $79.1 Billion (61.3 Euro) Coca-Cola Interbrand Value $79.1 Billion (61.3 Euro) A good Trade Mark will be: DistinctiveDistinctive Not Descriptive of Product Serves to establish goodwill and reputation in a product or service

15. © Murgitroyd & Company 2011 Some Well Known Trade Marks

16. © Murgitroyd & Company 2011PatentsPatents Trade Marks DesignsDesigns CopyrightCopyright Confidential Information Intellectual Property

17. © Murgitroyd & Company 2011 Registered designs ©Protects aesthetic appearance – not the underlying idea ©Can be registered or unregistered ©Registered design ©Shape or appearance inc surface decoration ©max 25 years ©Unregistered design “Design Right” ©for 3D articles only ©3D shape and appearance (not surface decoration) ©Max 15 years Apple iPad Samsung Galaxy Tab

18. © Murgitroyd & Company 2011PatentsPatents Trade Marks DesignsDesigns CopyrightCopyright Confidential Information Intellectual Property

19. © Murgitroyd & Company 2011 CopyrightCopyrightCopyright Automatically exists in original literary works Copyright can exist in: Sound Recordings 50 years Literary Workslife + 70 years Musical Notationlife + 70 years Graphic Workslife + 70 years Photographslife + 70 years

20. © Murgitroyd & Company 2011PatentsPatents Trade Marks DesignsDesigns CopyrightCopyright Confidential Information Intellectual Property

21. © Murgitroyd & Company 2011 Confidentiality ©Can protect company “know how” ©An alternative to patenting?? ©Retain the “secret step” ©No public disclosure required ©But!! No protection against independent creation by 3 rd party ©The importance of NDAs (Non Disclosure Agreements)

22. © Murgitroyd & Company 2011 What is IP? Examples of IP in Industry Ethics of Patents and Other Monopoly Rights Ethics of Patents and Other Monopoly Rights Talk Outline Commercialising your IP

23. © Murgitroyd & Company 2011 I.P. in Action: First Product on market “Dual Cyclone” Bagless System Patents Obtained Patent Expired - June 2001 at end of 20 year term

24. © Murgitroyd & Company 2011 I.P. in Action: New Product Developed Improvement on existing technology Patents filed to secure 20 year monopoly term Patents filed to secure 20 year monopoly term Product now lead product in range Much higher cost than original product

25. © Murgitroyd & Company 2011 Confidentiality - Success Stories © The Coca-Cola Company © The Drambuie Liqueur Company

26. © Murgitroyd & Company 2011 Trade Mark I.P. in Action © Apple Computers Designs - Shape of product Patent protection Copyright - Software

27. © Murgitroyd & Company 2011 I.P. in Action: ZOVIRAX Antiviral Treatment for cold sores launched in 1981 Launched as an over-the-counter brand Now market leader in Europe Patent protection - Acyclovir - Expired 1997 Trade Mark - Zovirax Designs - Shape of container Generics entered market

28. © Murgitroyd & Company 2011 What is IP? Examples of IP in Industry Ethics of Patents and Other Monopoly Rights Ethics of Patents and Other Monopoly Rights Talk Outline Commercialising your IP

29. © Murgitroyd & Company 2011 Exploiting Your IP Keep idea confidential - a Patent Application can only be filed if the invention is new and has not been publicly disclosed Consult with Research & Innovation service within University for commercialisation advice

30. © Murgitroyd & Company 2011 Spin Out Companies I.P. initially owned by University Agreements very important in this situation Commercialisation of technology by a separate company Often ownership of I.P. may or may not be assigned to spin out

31. © Murgitroyd & Company 2011 What is IP? Examples of IP in Industry Ethics of Patents and Other Monopoly Rights Ethics of Patents and Other Monopoly Rights Commercialising your IP

32. © Murgitroyd & Company 2011 The Ethical Debate Many current “ethical debates” in relation to patents The grant of a Patent does not give any positive right to use an invention

33. © Murgitroyd & Company 2011 Ethics - Case 1 Information free for all to use and modify Opposition to monopoly rights Alternative - So called “copyleft” or “freeware” Example - Linux computer operating system

34. © Murgitroyd & Company 2011 Ethics - Case 1 “Open source licensing” Open Cola - www.opencola.com Recipe provided to consumers Improvements to recipe made freely available to others Current recipe available on Wikipedia

35. © Murgitroyd & Company 2011 Ethics - Case 1 Free Circulation of Ideas Debate relates to “Knowledge Ownership” Against protecting ideas as Intellectual Property Against protecting ideas as Intellectual Property Standard Licence Agreement termed “Copyleft” allows free use of material GNU Public Licence - Allows freedom to share and change GNU Public Licence - Allows freedom to share and change

36. © Murgitroyd & Company 2011 Ethics - Case 2 United States - government considered intervention to the Patent held by Bayer to the Anthrax treatment drug Ciprofloxacin (Cipro)

37. © Murgitroyd & Company 2011 Ethics - Case 2 If US government authorised this manufacture, Cipro would effectively be deemed to be “off patent” to allow widespread production and increased availability of generic form of drug 5 further US companies had FDA approved generic Cipro products, but were precluded from manufacture by the Bayer patent

38. © Murgitroyd & Company 2011 Allegations that US government put patents before public health Ethics - Case 2 Unlike in Canada, US government decided to maintain status quo of patent Apotex manufactured Cipro for Canadian government at 63c a pill (Bayer price $1.25)

39. © Murgitroyd & Company 2011 Ethics - Case 2 South Africa - 40 of the world’s largest drug companies sued the South African government to prevent attempts to reduce the cost of AIDS drugs by up to 90 percent Pharmaceutical Manufacturers’ Association dropped this action in 2001 bowing to mounting public pressure Pharmaceutical Manufacturers’ Association dropped this action in 2001 bowing to mounting public pressure

40. © Murgitroyd & Company 2011 Ethics - Case 2 In Brazil generic retroviral drugs have been supplied free of charge by the Brazilian government to 105,000 people Generic forms of retroviral drugs AZT, 3TC and Nevirapine lower treatment costs per day from $3.20 to $1.55

41. © Murgitroyd & Company 2011 Illustrates point that grant of a patent does not automatically confer “right of use” of invention Ethics - Case 3 Various Patents granted for Genetically modified organisms (GMO’s) GM crops can’t however be planted unless consented to by national law

42. © Murgitroyd & Company 2011 The purpose of Patent law is not to impose restrictions or prohibitions on the requirements of public health, or compliance with certain ethical standards Ethics - Case 4 Patents directed to methods of nuclear transfer and cloning “Gene Patenting”

43. © Murgitroyd & Company 2011 Dolly - the world’s first cloned adult animal Ethics - Case 4 And now….

44. © Murgitroyd & Company 2011 Born Texas, USA, December 2001 Ethics - Case 4 “C.C.” - Copycat the world’s first cloned cat

45. © Murgitroyd & Company 2011 Ethics - Case 4 Exclusions do exist as to the patentability of: Modifying genetic identity of animals - if it will cause them suffering - without substantial benefit to man Processes for cloning human beings Modifying germ line identity of humans

46. © Murgitroyd & Company 2011 Ethics - Case 4 Again illustrates that the grant of a patent is not indicative as to whether the use of a technology is permissible

47. © Murgitroyd & Company 2011 Incentives to develop new products In spite of these, the following arguments stand strong in the case for patenting Encourages and rewards investment in research and innovation Publication of subject matter leads to dissemination of information

48. © Murgitroyd & Company 2011 Contact angela.king@murgitroyd.com Murgitroyd & Company Enterprise House Innovation Way Heslington York YO10 5NQ Tel: 01904 898 881 Fax: 01904 898 882