06 August 2020
The beer lover’s guide to the perfect IP brew
Since Babylonian times, humans have been in search of the perfect beer brew. The brewing business today is a testament to the originality and passionate dedication of its forebears.
Each generation has created beers that have inspired the next while building a major industry.
Beer and commerce are an easy blend but what’s the one key secret to brewing success? Earning from your brewing creations by protecting the Intellectual Property that made them.
If you have developed a novel invention to brewing, a unique brand or a secret brew that gets people at the bar talking, then Intellectual Property is something you should invest in to reap the rewards you deserve.
Here are four different forms of intellectual property every new brewer should consider.
Brewing breakthroughs with technology
The sheer size and volume (literally) of the brewing industry means that it’s constantly innovating. So it’s not surprising that there’s some pretty clever technical innovation happening around the brewing and bottling process too.
If you’re a keen inventor, find out what some of the big problems that need ‘fixing’ in brewing today and ask ‘could you engineer a solution’?
If so, you’ll soon encounter the remarkable world of patents. A patent is an exclusive right granted to the maker of invention. It is a form of Intellectual Property that protects technical innovations. The innovation is eventually made public in exchange for the owner having a monopoly on the idea for a period of time (usually 20 years).
My favourite example from a past brewing patent is the story of William Painter. You may not have heard of him but without doubt you will have benefitted greatly from his invention, the ‘Crown Cap’ bottle top. Or in patent speak, ‘a bottle sealing device’.
William Painter was an accomplished inventor with a keen commercial eye. His devised a way to effectively seal a bottle of beer to prevent it from going flat. This involved a sealing disk topped with a metal cap. The advantage too was it could be opened easily. Perhaps you’ll recognise this from the patent image below?
We’re still using the same basic technology on bottled beer and soft drinks today.
In 1894, when Painter was granted his patent, there was no shortage of bottle sealing devices but his particular patent (US468258) ensured bottling could be mass produced, increasing supply and meeting demand from a very thirsty public.
Painter himself went on to found the Crown Cork and Seal Company and quickly developed manufacturing technology to enable his patent’s potential to be fully realised. The company was immensely successful and is trading today as Crown Holdings Inc.
The lesson here is that if you find the right problem with the right solution and obtain effective Intellectual Property protection with a well drafted patent, it can be a significant advantage in a highly competitive market place.
Brewing up an awesome beer brand
Beer has personality. It has unique characteristics all to its own particular brew. It has heritage and modern edge with everything in between. Local, global, national. There’s a beer brand to suit every taste.
There are thousands and thousands of them. And a registered trademark for each.
You may have heard of the beer brand Bass. That brand has heritage, and is also UK trademark number UK00000000001 from the 1st January, 1876. The registered trademark is still in force today and no doubt worth more than every penny of the original registration fee!
The Bass brand also benefitted from what we nowadays call product placement. It’s not too discreetly featured in the French artist Édouard Manet’s famous, “A Bar at the Folies-Bergère”.
But beer brands rarely demure.
You can do this too. There’s a database of existing marks to check your own mark is original and to help decide what classifications of trade to choose.
Because it’s not uncommon for beer brands to produce all manner of merchandise and marketing material, so why not maximise the reach of your trademark by applying in a number of different trademark classifications?
With so many beers on offer, the beer brand you want to brew will need to be your unique identifier. Your trademark is, to put it simply, the legally registered name and/or image of your brand. It protects you by preventing others from blatantly copying or ‘trading off’ your good name and reputation. If you find yourself in that unenviable situation (and plenty have), the registered trademark is your comeback to cease and desist unfair imitation.
It also represents the incredible value of your brand. And because your trademark is your intellectual property, you can sell it or licence it to whomever you choose. It’s what will earn your reward in the future for all the thousands of hours of hard brewing.
To discover more about patents or trademarks, visit our website.
Beer that creates a first impression.
To own a registered design is to have rights over the appearance of a functional object that can include colour, shape or even texture. The form is what creates its appeal as a marketable object, instantly recognisable.
As one form of Intellectual Property, registered design is worth considering. Especially if you’re producing a beer product that wants to be distinctive.
For example there are many distinctive shapes of beer bottles that are themselves an identifier for the brand just as much as a trademark is.
And this is not only something for new beer brands striking out to get noticed, registered design is used by older established brewers as well.
Affligem, is a beer brand with an astonishing heritage, coming close to one thousand years of brewing history. But a brand with such pedigree still values other Intellectual Property assets, even if the taste of its brew is so famous.
They too have a registered design on their classic bottle shape.
If it’s something a thousand year brewer would have, why not consider it as a new brewer?
You can register a design with the Intellectual Property office and the Business & IP Centre runs regular webinars on it. See our upcoming webinar schedule.
The secret bit behind the beer magic.
If you’ve spent hundreds of hours in the quest of brewing perfection, and you think you’ve found it, what’s the best way to protect it from the rival brewer next door?
The answer is disarmingly simple; keep it a secret.
Don’t underestimate the importance of keeping trade secrets in the brewing business. Plenty of brewers rely on it.
A proper definition of a trade secret is a technique, process, formula or method of creating something that has commercial value and is known to only a limited number of persons. It is often kept secret through the use of legal agreements (such as employment contracts) or non-disclosure agreements (NDAs).
Unlike all of the other forms of IP mentioned, this is known as an unregistered right. Meaning you don’t have to register the secret with a governing body. It is yours to keep and the length of time is how long you want the secret to be kept.
A good trade secret is also good for the brand. It helps create a mystery around the product and keeps people guessing to how it was made.
Four cheers for IP
These are four forms of Intellectual Property every beer lover and maker should consider. You can pick and choose which of these works best for you. Maybe all of them. It’s all up to how you innovate, create and ultimately protect your most valuable asset, your own unique IP brew.
Jeremy O'Hare is the Business & IP Centre's Information Expert. You can find more information on intellectual property and the Business & IP Centre's upcoming events, by visit bl.uk/bipc.