So many people think running a business has to be a serious matter. So it is refreshing when an entrepreneur proves the opposite.
I guess the most well known recent brand with a funny-bone is Innocent Drinks. They have included grass covered vans, a banana phone and slides in their offices, and a whole range of humorous labels on their bottles such as this one:
He immediately made an impression with his passion for the product, his professionalism, and understanding of his customers' needs. He also recognised he was addressing a niche market with his first product the Moto Seat Cover below. As a fellow motorcyclist and cyclist, I could see there was a lot of potential in his ideas.
Once his website was up and running, I was pleasantly surprised to see just how much humour Chris had used to promote his brand. Here are a few examples:
With a focus on innovation and lifestyle, our premium products will keep you and your stuff dry... from the bottom up
We're not hairy bikers or Tour de France wannabes. We don't wear leather or Lycra to and from work but we do love the freedom of 2 wheels.
We're not going to ask you to start hugging each other at the traffic lights, but we are all 2 wheeled commuters and suffer the same conditions - from both the weather and other traffic.
We know that we are just little pin pricks in the bottom of the 1.5 million 2 wheel commuters in London, but we dream of being big pricks.
I also love the way Chris spells out his brand values in such clear terms:
When it comes to our products, we have 4 key values:
it's kit you want (more on this below).
it is 100% functional - our kit works really well and is made of the best materials for the job.
it has to look great - there's too much stuff out there that works brilliantly for commuters on 2 wheels, that just doesn't look very good.
our kit will always be innovative - we believe innovation is the key to developing brilliant new products that disrupt the rest of the market.
A keen swimmer and all-round active person Lisa Irlam noticed a gap in the market and took the plunge into the wearable fitness technology world. Her business, Swimovate, launched in 2007 and since then the business has gone from strength to strength, selling the innovative PoolMate - a waterproof watch the counts your laps while you swim. We asked Lisa some of our burning questions about how she got started and became the success story she is today.
Hi Lisa! Where did the idea come from to start your own business?
As amateur triathletes, my husband Jim and I realised that there were plenty of products to monitor performance for runners and athletes, but nothing for swimmers. We talked to retailers, magazines, triathletes and swimmers who all said they would buy a product if it existed. There was a gap in the market and the PoolMate idea was born.
How did the Business & IP Centre help you along the way?
Initially we did some technical research, reading scientific papers at the British Library and discovered the Business & IP Centre and what an amazing range of support and services it offered. We attended free workshops on intellectual property and researching your market and spent a lot of time searching the databases that the Centre provides access to. It really helped us to understand our field and what we needed to do to make our business a success. Through the Business & IP Centre we met some inspiring and very helpful people who gave us invaluable advice and support, completely free of charge.
What have been your greatest achievements since starting up?
The best feeling was selling out of our first batch before it had even been delivered and knowing we were at the start of something massive. After selling over 100,000 units, it still gives us a buzz to see our watches on peopleâs wrists on the street.
What one piece of crucial advice would you give to anyone thinking about starting a business?
Be very careful with your finances, itâs easy to get carried away with costs. Make sure you only risk what you are prepared to lose. Try to do as much as possible yourself, this will teach you so much and donât forget to make use of all the great free resources out there, like the Business & IP Centre.
Weâve been helping people like Lisa turn great ideas into businesses for over 10 years now. To celebrate weâre holding a day of free workshops, talks and events on everything you need to know to start a business, from raising cash to getting your business online. Youâll meet like-minded people, chat to seasoned business experts and entrepreneurs and even get your first professional headshot. And our new âEntrepreneur in Residenceâ, Julie Deane (founder and CEO of The Cambridge Satchel Company), will be showing you how to start a business from your kitchen table. Join us at the British Library on the 27 September and get inspired to take your first step to entrepreneurship.
Posted by Innovation and Enterprise Team at 3:18 PM
On Saturday I visited Plumpton College near Lewes, for their annual open day. On display amongst the new-born lambs, Sussex wines, tractors and chainsaws was a stand for Kikka Digga. With my curiosity for all things new, I sauntered over and chatted to the demonstrator Nick Skaliotis. It turned out this was the very first public outing for the his new invention, which he claimed would make digging gardens significantly easier.
Mid-way through our conversation I asked if Nick had patented his invention, he looked more closely at me and said, "I know you". It turned out he has been a regular in the Business & IP Centre at the British Library. In addition to getting help with his patent from our wonderful Inventor in Residence Mark Shehean. He also attended several of our workshops including lean start-up webinar, social media for business and trade marks.
After hearing Nickâs story I just had to buy his product to see if it really did live up to his claims. Also, I hoped it would help me to avoid the lower back-pain I now get every time I dig over my vegetable patch.
As soon as I got home I took the two pieces of metal out of package and installed them onto my fork. This was as simple as the instructions indicated with just two items to clamp onto my fork.
As you can see from my photos below, I was able to dig over a small section of my very weedy heavy clay soil quickly and easily using Kikka Digga. And, even better, I had no twinges in my lower back afterwards. So I am definitely sold on the product.
I also like the name Kikka Digga, for being simple and memorable. And it has even more kâs than the legendary Kodak brand. George Eastman said about the letter k, âit seems a strong, incisive sort of letter.â I am also glad to see that Nick has registered the name at the UK Intellectual Property Office.
You can see a demonstration of the invention in action on YouTube. And keep up to date with Nickâs progress on Facebook or Twitter.
I canât wait to see how the gardeners of Great Britain take to this wonderful invention.
Kikka Digga newly assembled on my fork in seconds
My first few digs into my heavy clay soil are surprisingly easy
Misty is as impressed as I am by the speed and ease in digging up the plot.
By Neil Infield in the Business & IP Centre London team
Posted by Innovation and Enterprise Team at 2:03 PM
Intellectual Property (IP) law can be a minefield, particularly for start-ups and SMEs that either donât have the necessary experience or resources. As a partner to the Business & IP Centre and at our firm of patent and trademark attorneys, London IP, we work with small businesses to sort out IP problems that could have been avoided if the right steps had been taken at the right time. So, to help you avoid any problems with IP we have put together a list of our top five IP mistakes (and how to avoid them).
1. Being scared of IP and ignoring it
There is a myth that IP is an expensive business, and no doubt it can be. However, really you can spend as much as you want to. The UK official fees for registered designs are ÂŁ60, for trademarks fees start at ÂŁ170 and for patents ÂŁ230. Indeed, the official fees to obtain a registered design that covers the whole of the EU are only EUR350!
If you use a patent or trademark attorney to help you then you will need to pay their fees as well, but compared to the cost of many other business expenses such as rents and business rates IP isnât all that expensive. For example, the cost to get a UK patent granted could be anywhere in the region of ÂŁ1500 to ÂŁ4000 spread over five years or so. For a potential twenty year monopoly, and a halving of corporation tax (through the patent box tax scheme), that may be a very worthwhile investment.
Also, itâs worth knowing that IP law is actually quite generous in that it gives you free IP rights that you donât have to do anything to obtain other than create something that is worthy of being deemed to be protected. The most well-known of these rights is copyright, but there are others.
For example, any designs you create may be automatically protected for three years by EU unregistered design right, and for up to 15 years by UK unregistered design right.
That said, unregistered design rights are not as strong as registered rights as unregistered rights (other than the âpassing offâ right for unregistered trademarks) are only infringed by copying, whereas registered rights provide an exclusive right meaning that they can be infringed even if the original work has not been copied.
Thus, it must be recommended that you register your IP rights if possible.
2. Being fooled by scam invoices
The publishing of applicant and inventor names and addresses is essential to the transparency of the IP system as the public needs to know who owns a particular IP right.
Unfortunately, all this information can also be used by criminals, so if you do choose to register any IP rights then it is almost certain that you will receive one or more very official-looking letters from rogue companies that try to scam applicants for patents, trademarks and registered designs.
These scams can simply be an invoice that appears to be from a âpatent officeâ or a âregisterâ. The amounts of money requested vary, but are sometimes quite significant.
The UK Government seems to be generally powerless to stop most these scams as they are often run from overseas
3. Not registering IP at the right time
There is nothing more disheartening than a client describing what sounds to be a marvellous invention with a view to protecting it with a patent and the client commenting âitâs selling really wellâ.
To obtain valid patent protection in most of the world a patent application must be filed before any non-confidential disclosure of an invention.
So before you file a patent application for your invention you canât sell it, put on a crowd-funding website, use it in public, etc., etc.
You can of course talk to third parties in confidence without jeopardizing your chances of obtaining valid patent protection. You may wish to use confidentiality agreements with third parties just so it is clear that everyone understood that the discussions were confidential.
As an aside it is worth noting that all correspondence with patent attorneys is inherently confidential both under common law and their code of professional conduct, so using confidentiality agreements with patent attorneys is quite unnecessary.
Itâs not just patents though; many countries of the world require registered design applications to be filed before any non-confidential disclosure of a design in order to grant valid protection.
Furthermore the trademark system in many ways operates on a first-to-file basis so trademark applications should be filed as early as possible to safeguard future use of the mark and to minimize the chances of expensive and protracted disputes with owners of later-filed conflicting trademarks.
Many trademark disputes would never have occurred if a relevant trademark had been registered when use of the mark started.
In summary, IP should be considered at the very outset of any new venture to try to make sure that patent, trademark and design applications are filed at the appropriate time.
4. Ignoring infringement issues
It should be appreciated that IP is double-edged sword and along with protecting your own IP rights you need to careful not to infringe existing IP.
As mentioned above, registered IP rights provide the owner with the exclusive right to use the IP in the territories covered. This means that you may believe that what you are doing is original but you could be infringing an existing right.
This is the case even if what you are doing is in fact original as registered IP rights can be broader in scope than the thing that they were created to protect.
For example trademark registrations give the owner the right to stop use of identical and similar marks, and registered designs protect against designs with the same âoverall impressionâ.
Often we see clients obsess about protecting âtheirâ idea with a patent, and ignoring the fact that someone else might have thought of it before (perish the thought!).
So before spending money on branding, prototyping and tooling, try to make sure that whatever it is that you are developing isnât going to infringe.
If it does infringe and you canât obtain a license, then unless the IP can somehow be worked around you may need to completely reconsider your project.
5. Not understanding IP ownership issues with commissioned works
If you pay someone to build you a house then you own the house once the work is complete.
IP doesnât work like that unless the âbuilderâ is legally an employee, so problems regularly arise with commissioned works, where the person doing the work is paid money for a project, but is not an employee.
For example, if you commission someone to design a logo or a product, or to write something for your website then (unless there is an agreement in place to the contrary) the person that does the work will own all of the IP rights when the work is done.
Because this is so counterintuitive a lot of disputes about the ownership of intellectual property arise. Indeed, if the law on this were to be changed a lot of IP lawyers would be out of a job!
It is therefore very important to have a clear agreement at the outset of any commissioning process about who will own all the IP once the work is completed and to ensure that, if desired, any IP rights created are legally transferred to the commissioning party.
David Warrilow, Patent & Trademark Attorney London IP, on behalf of the Business & IP Centre
Posted by Innovation and Enterprise Team at 11:16 AM
Starting your own chocolate business is something many of us only dream about. Amelia Rope is one woman who has immersed herself in the chocolate industry and has come up with new and innovative flavours to tantalise our taste buds. But how does one become a chocolatier or even begin to make the dream of owning a chocolate business a reality? Amelia is a current participant on the Business & IP Centre Innovating for Growth Programme and we had the chance to ask her some of our questions.
Photo credit: Lucy Young
Hi Amelia, where did the idea come from to start your own business?
I have always wanted to have my own business from a young age. Looking back I think I always wanted freedom and independence from anyone controlling me financially. During my 20âs and early 30âs I was a PA for small businesses, large corporates, hospitals and doctors surgeries. I qualified as a massage therapist, studied nutrition, herbal medicine and qualified as an aromatherapist and my last âproperâ job before starting my business was as a Practice Manager. It took some time to finally get where I am now â I founded Amelia Rope Chocolate in September 2007 and now my chocolates are sold in hotels and department stores across the UK, in the US, Dubai and Malaysia.
I appeared on Masterchef twice - I am definitely not a chef but it gave me the courage to contemplate life amongst food. Also having a life-coach helped me believe in myself, and encouraged me to take a risk which helped me convert from a Practice Manager to a chocolatier. Another key turning point was when a well-known food editor flippantly said I could be the next Juliette Binoche (I donât think they had any idea I would take it literally!) and when my chocolate diamond geezer Patrick Reeves, who believed in me so much, put in a commission for 1,000 chocolate bars to get me kick-started. I was then lucky enough to meet Ewan Venters (then Director of Food Halls, Selfridges) who spotted my first two bars and stocked them in Selfridges.
Photo credit: Mary Wadsworth
Tell us about what makes Amelia Rope Chocolate so unique
I believe small businesses are unique in that they allow the personality of the business owner to shine through in their products, and this allows them to really make their mark in their industry. Chocolate confectionary is generally a completely crowded market. However, when I entered the premium chocolate bar market there were very few of us â in fact it was not such a flooded market then as it is now as there isn't as much space in this area. When you look at the brands in this sector you will see each of our own characters/individual stamps coming through. I love splashes of colour, design and have always had a very distinct palate for what I like to eat, loathe and crave. Put all of these together, and a mind which whirls around with lots of ideas, and I suppose you will get something different! Some of my recipes are traditional, but the end flavour I believe is different. Perhaps this stems from the way I create my recipes which are as if I was developing an aromatherapy blend. My love of sea salt influences my flavours and chocolate is such a good medium to carry salt: especially milk and white chocolate.
How did you know there was a market for your premium chocolate bars?
By complete luck! My bespoke products just hit the spot with consumers immediately after a press drop off to most of the national newspapers and magazines. My business featured in Stella Magazine, and it just rolled on from there. The chocolate bars were my most effective product to market in the range. I also went to the Business & IP Centre, whenever I had time to learn about trends, markets and begin to think of strategies and I still visit the Centre today when researching markets and developing my business plans.
Photo credit: Mary Wadsworth
What hurdles have you had to overcome in your journey so far?
The main hurdle is lack of funding to really propel forward at the pace I want to. My aim was to crank it up and have an opportunity to sell out within five years. It is also difficult to achieve a good work/life balance â for so many years I worked every day and for crazy hours. I found I let go of friends, family and relationships because my business consumed me. Now I take time off at the weekends (unless it is the busy seasonal times or I am travelling on business), go out at least 2-3 times a week in the evening and go to the gym regularly. Mentally and physically I feel so much better as a result. I have very high expectations of myself and all the people I work with but each hurdle has been worth overcoming to get where I am today.
How did you first hear about the Innovating for Growth Programme?
On twitter and I immediately went to the website to explore more. I was amazed when I won a place and it has delivered way beyond my expectations. It has given me a chance to really focus on my business. For some time I have wanted to strip my business right down to its core, cross-examine it in a critical way and then to put appropriate pieces back together, alongside bringing new facets in such as streamlining my production. With a team of experts and one-to-one sessions my learning curve has been intense, tough and challenging at times, but I have learnt so much and feel in a much better position with my business than when I started. Life is about learning and transforming â with Innovating for Growth I have begun to do both and I canât wait to see how much further I grow with the help of the programme to build a good, effective team to support me and my business and grow significantly both in UK and globally.
Photo credit: Mary Wadsworth
What tips would you give to any entrepreneurs looking to scale up?
When you set up try and bear in mind that your product may be a hit, which will lead to scaling up. Have a plan about how your product can do this, the costs involved and how it will work for your brand. Applying for Innovating for Growth can certainly help anyone on this journey. Be prepared to have a good stash of cash too!
If, like Amelia, you want to scale up apply for Innovating for Growth today.
Innovating for Growth is part-funded by the European Regional Development Fund
Posted by Innovation and Enterprise Team at 11:59 AM
In this superfast, digital, tech era we often hear people questioning the need for libraries - 'I can just google itâ or âI can get it onlineâ are common phrases batted around. This is of course overlooking the far wider benefits that libraries bring to local communities, the positive impact on health and economic wellbeing, or even the economy itself. Indeed libraries act as âthe great equaliserâ - safe, trusted and impartial spaces, where anyone from any walk of life can access services. The success of the British Libraryâs own Business & IP Centre service is evidence that libraries have an important role to play in helping businesses to innovate and grow.
If all that doesnât produce a flutter of excitement in their steely hearts, then perhaps something that will appeal is the idea of the library as a maker space, a rapid prototyping hub, a place for creative collaboration and sharing of ideas. Sure you can join online forums to share ideas, but you probably donât have a CTR TMX12 Laser Machine in your garden shed!
Exeter Libraryâs FabLab is one such space; âan open access, not-for-profit, community resource where anybody can invent and make just about anything.â It is the first ever to open in a UK public library and boasts a plethora of machines such as a Pro-Router, Vinyl Cutter, the aforementioned Laser Machine and of course the obligatory 3D printers.
So successful have they been, that the library hosted a Fab Futures conference last Friday 15 May, bringing together experts from across the UK and the globe to talk about how libraries can support innovation and creativity in the 21st century, and how theyâve done it in Exeter.
The day offered a local perspective with the lab volunteers and library staff talking through the prototyping equipment, offering hands on introductory taster workshops and showcasing the versatility of the machines.
Local textile designer Fran used the digital equipment to create her laser cut designs
Goodies in delegate packs made in the Fab Lab
Speakers attending from Mak Lab Glasgow, Fab Lab Manchester and Fab Lab Ellesmore Port, talked about the social significance and impact of the UK Fab Lab Network through engaging local communities, older people and disability groups as well as charities and businesses with the possibilities of digital manufacturing.
What happens when you put MDF in a laser cutter
A Google Link up with Chattanooga Library in Tennessee showcased their innovative 4th floor âpublic laboratoryâ, highlighting an intuitive partnership with Etsy, where their digital equipment is used to manufacture products which are then sold on the Etsy platform.
Fab Lab Exeter is a great facility for local entrepreneurs and creatives to access low cost or free digital making in a shared learning environment, and the perfect space to develop prototypes for new products and designs. To complement the Fab Lab, in the next twelve months Exeter Library will be joining the British Libraryâs National Network of Business & IP Centres in city libraries across the country. The Business & IP Centre will connect the Fab Labâs innovation activities to intellectual property support and business information resources, helping to create healthy and sustainable businesses across the region. The current Business & IP Centre National Network provides support for entrepreneurs and inventors in Newcastle, Leeds, Sheffield, Liverpool, Birmingham and Manchester which also had a Digital Demonstrator Suite.
Here in the UK the librariesâ âmaker movementâ has been a bit slow off the mark compared to our cousins across the pond, but itâs starting to gather momentum. Led by the likes of Exeterâs FabLab, or indeed Common Libraries National Science Experiment, we might in the near future find that people are as likely to pop to their local library for a âraspberry pi jamâ as they are to borrow a book.
Does your local library run any âmaker sessions,â âraspberry pi jamsâ or âlibrary hacksâ? If so, get in touch, weâd love to hear more and visit one of our National Network of Business & IP Centres soon.
David Gimson and Hanna Fayaz on behalf of the Business & IP Centre
Posted by Innovation and Enterprise Team at 4:36 PM
Across the Business & IP Centre National Network and at Newcastle Libraries, home of the Business & IP Centre Newcastle, we believe itâs important for everyone to have a think about copying. We want individuals and businesses to know about their rights to use content and creations that are either in the public domain or under an open license - and to learn more about copyright generally. As we say in our intellectual property workshops make sure you âdonât infringe!â
Thatâs why we are having a bit of an alternative event in Newcastle on 27April. Copying â right or wrong? is a question and answer session with author and activist Cory Doctorow and law lecturer Rebecca Moosavian. Cory Doctorow makes several of his books available for free download on his website (under a Creative Commons license) and Rebecca Moosavianâs research focuses on the appropriateness of applying property rights to culture.
Copy-right or copy-wrong?
We know that to copy something is wrong; itâs been ingrained in us since we were children - and as we grew up copying took the name of âplagiarismâ. Whether your interests are listening to music, appreciating artwork, watching films or TV series, we know copying a song, a film or a TV show without permission is wrong. Every time we watch a DVD we are told that copying the DVD is piracy. Websites are often closed down because of infringement of copyright â the right given to creators or owners of the intellectual property to control what is done with their works and YouTube videos are removed. Robin Thicke and Pharrell Williams were more talked about for being found guilty by a US court of copying the late Marvin Gayeâs songs than for their musical talent (the court did not make any comments on the latter).
CC BY-NC-SA Chris Messina (Cropped ; Original picture on Flickr https://www.flickr.com/photos/factoryjoe/6709784133)
And yet, I copy. Yes. You do too. We all copy. As you can imagine, I would never admit to doing anything illegal and I am certainly not accusing you, of committing any crimes either! That must mean there are cases where copying is right, legal and even encouraged. For example, you buy a CD, then copy it onto your computer, then copy all the tracks again on your MP3 player so you can listen to the album on the go. That is perfectly legal - and it has been very clearly so in the UK since the last changes to copyright law came into force in November 2014. So letâs see what the law does allow.
When it is legal to copy
- Copyright does not last forever - even though new laws can change its duration, copyright has an end â in most cases, count 70 years after the end of the year in which the workâs creator died. What happens to the work after that? It enters the public domain â it belongs to everyone, and anyone can use it, without asking permission.
- Copyright exceptions - the law recognises that there are cases when we do not need to ask for permission to re-use a work. For example, when we make a copy for private use (like with our CD), or we copy and publish an extract for review purposes, or when creating a parody of a famous picture by copying it and adding something humorous to it.
- Open licenses - sometimes the copyright owner will publish their work and tell you it is fine for you to copy it without asking for their permission. The most common way to do this is to use Creative Commons licenses â like the ones on the pictures illustrating this post. CC BY-SA on the image below means âthis work is licensed under a Creative Commons license; you can use it without asking for permission as long as you credit the author and share it under the same licenseâ.
But letâs get back to business. How does all this apply to you as an entrepreneur? When you create something, you are proud of its originality and inventiveness (and rightly so); you would be horrified if someone copied you. In business, entrepreneurs legitimately want to stop others from copying them: if a competitor copies your unique selling point, then how are you going to differentiate yourself in the market? In the Business & IP Centre Network and the other PATLIB centres you can discuss with an adviser how best to protect your creations against copying. We will tell you all about copyright, but also designs, patents and trade marks.
Some large companies, like Dyson, have an impressive intellectual property strategy to protect their ideas. However, other companies like the one behind the Sriracha sauce has a more lenient strategy and encourages others to use their product name in order to generate free advertising and Elon Musk recently announced that other companies are now welcome to copy and use Teslaâs patented technology. Each company needs to think about what is the right approach for their business.
There are also industries that thrive on a type of copying â one that is called âinspirationâ. Think about fashion, music, art, etc. It poses some pertinent questions for business owners; how would you react to another business copying you? Would your reaction be different if you were copied by individuals? Do you think people who copy and share your content on social networks without your permission are right, or wrong? This World Intellectual Property Day take the opportunity to get informed and discuss the role of intellectual property to encourage and control innovation and enterprise in your business.
If you are not able to join us in Newcastle for Copying â right or wrong? on 27 April you can still follow the event on Twitter using #CmnsR4ever and let us know in the comments: what do you think? When is it right to copy? When is it wrong? What should be made legal / illegal in terms of copying?
Aude Charillonon behalf of the Business & IP Centre Newcastle
Aude is Library and Information Officer at the Business & IP Centre Newcastle and leads the Commons are Forever project, which aims to empower participants about our rights to use creative works that are free of copyright, and to in turn share what we create with others.
Posted by Innovation and Enterprise Team at 4:49 PM
Every business has intellectual property (IP) of some sort. However, when working out how to manage and protect it, it can be hard to know where to start! Below are some of our tips for businesses who want to begin understanding and managing their IP.
1. Understand the different types of intellectual property
There are many different types of intellectual property protection, covering areas from art to inventions. The main ones are copyright, trademarks, patents, and designs, but know-how and trade secrets are also forms of IP commonly found within businesses. Your business may have more than one of these types, so understanding how they work, how theyâre protected and the differences between the different types is essential.
2. IP audit
Conduct a basic IP audit of your business. What IP do you have, is it protected, and how long does that protection last? Do you licence any of your IP to other people? Is there any associated costs/income? Putting this information together in one document will help you to plan your IP strategy, and keep track of your assets.
3. Check your agreements and licences
IP use is often governed by contracts and licences. If you are commissioning work, is IP covered in your agreements with the contractor? If you licence other peopleâs IP, do you keep records of the licences? Employment contracts often also include an IP clause, and you may have non-disclosure agreements to cover trade secrets. An overview of your paperwork will help ensure that you havenât missed anything.
4. Embed IP within your business strategy
IP doesnât exist in isolation from the rest of your business. Whilst IP can be a business asset, applying for protection often has associated costs, so itâs good practice to assess your IP strategy as part of your overall business plan, rather than separately.
It is said that 'The meek shall inherit the Earth', but for now it's the inherently rich and shrewd.
Intellectual property rights (IPR) include patent, registered or unregistered trademarks, design rights, copyright, or more commonly a strategic combination of each. Protecting your intangible assets can be as rewarding as protecting your physical property, but it can be a complex and expensive job to secure, maintain and defend them. Therefore it is important to remember that you may not have to keep your idea or product secret in order to protect it - there are other formal ways to do it.
The key is to get impartial professional advice early on and formulate an IPR strategy. I clearly remember my confused state, of trying to understand all the processes involved (not just on IPR protection, but the inventing business in general). The learning curve was enough to drive me mad, although I do say 'The nearer to insanity I get, the better I invent' - the trick is getting back!
Getting into the nitty-gritty world of how to protect your invention with a patent, with some do's, don'ts and tips on IPR's that I have learnt, sometimes the hard way.
Patenting steps - do's and don'ts
To patent something it needs an inventive step, never to be thought of before anywhere in the world ever and something that someone schooled in the art would not have thought of.
Do have a professional patent search carried out at the British Library Business & IP Centre. The 'new' part I mentioned earlier is important, before spending significant amounts of time and money on the idea, only to find it has been done before and is protected or is in the public domain already greatly weakening your position.
Don't disclose your invention to anyone without protecting any protectable IPR's first or get them to sign a confidentiality agreement. If not, it may prevent you from obtaining a patent later.
Don't write a patent yourself. It may save money, but it is a false economy. If your idea is a success, you will regret the day you did that. Ifyou intend to licence, sell outright or defend the invention you will look amateurish when the patent is reviewed. And, more critically, you may have left something important out, or worded something wrong, making it vulnerable (easier to get around). Remember, a patent can be the most valuable asset a company owns. Poorly written and all could be lost.
You have twelve months, from filing a patent application, to file foreign applications. At that point, do your homework, to get the broadest countryâs protection (on where the product will be sold and manufactured) at the lowest cost possible. You can do this in the Business & IP Centre London or in one of the National Centres. The trick is to know your market, so it may be possible to file in the smallest number of countries to cover most of it (note, you can delay this stage by eighteen months using the Patent Cooperation Treaty (PCT)).
If you have kept your invention secret, within the twelve month period from filing the application, you can withdraw the application and re-file, but note, you lose the original priority date and risk that someone filed something similar in that lost period.
I tend to keep things secret and file the patent application late. I do this because if you are still developing the idea, it could be very different after the twelve months, so might need significant changes or a total rewrite.
Using the British Library
As a regular user of the British Library facilities, for research and patents information, in the past and being their first ever 'Inventor in Residence', I offer free one-to-one hour long confidential meetings, called 'ask an expert'. It is disturbing and frustrating to commonly see, the ownership of great ideas slip through the inventor's fingers, because they made it public before protecting it (frequently with university student projects), or got misdirected and over charged by a so called professional Patent Attorney.
Mark Sheahan, 'Inventor in Residence' for the British Library, President of the 'Institute of Patentees and Inventors', a Fellow of the Royal Society of Arts and Vice Chairman of the 'Round table of Inventors'.
Posted by Innovation and Enterprise Team at 12:53 PM
It's looks alone were enough to demand the attention and curiosity of my colleagues. And it was certainly easy to spot amid the forest of standard umbrellas, drying in a corner of the office after a particularly wet morning commute.
And I have to admit one of the reasons for buying the XL storm-proof umbrella from SenzÂ° was its unusual shape. It reminded me of a stealth fighter jet or perhaps something Batman might pull out if caught in a downpour.
The other reason - and the cause for the umbrella's striking silhouette - was the company's claim that it is capable of withstanding winds of up to 70mph without turning inside-out - or inverting to use the technical term. This was backed up by an impressive and, at times, hair raising demonstration video, which indicates it would handle anything that our weather here in London could throw at it. Although I do not recommend that anyone try the test at 1.48 minutes.
SenzÂ° joins a long line of anti-inversion brollies (a quick keyword search for "windproof umbrella" in Espacenet found close to 200 patents), each with their own take on how best to resist the elements. SenzÂ°'s offering is unique in that its asymmetrical, aerodynamic shape channels wind flow across its surface: preventing wind resistance that would flip a normal umbrella inside-out. It will also automatically twist into to the best position for it to battle the wind - as long as the handle is not gripped too tightly.
The invention was the 2004 brainchild of Dutch industrial engineering student, Gerwin Hoogendoorn. In classic inventor style, he decided there had to be a better way after the frustration of experiencing three broken umbrellas within a space of a week.
Having made the initial drawings and producing a prototype on his grandmotherâs sewing machine, Gerwin approached fellow students of Delft University of Technology, Gerard Kool and Philip Hess, to brainstorm bringing it to the market. Within nine days of the umbrellaâs launch in 2006, they had sold all 10,000 of their initial production run.
It has since won numerous awards, including: â˘ Red Dot award for design 2007 â˘ Dutch Design award 2007 â˘ IDEA (gold) award 2008 â˘ Good Design award 2008 â˘ Gold International Design Excellence Award 2008 â˘ ICSID Star of the Observeur award 2009 â˘ iF product design award 2009
So much for the theory, but how has the XL storm-proof umbrella served me against London's ever changeable weather? After six years (by far the longest any has lasted) and some fairly testing storms later, it has held up well with only a few scratches on the top cap from the times that I had used it as a walking stick (which SenzÂ° explicitly state in their care instructions I should not do... sorry). More significantly, it has not inverted once during the six years I have owned it.
So a case of style and substance, rather than style over substance? In this instance I would say definitely yes.
William Davis on behalf of the Business & IP Centre
Posted by Innovation and Enterprise Team at 4:01 PM