06 March 2023
Lizzie Magie and the history of Monopoly
For last year’s Women’s History Month, I wrote a blog post highlighting seven female patentees who I felt deserved more recognition. Whilst I was happy with how the blog post turned out, I was less happy with just how much the stories had to be condensed in order to best fit a list format.
So this year, I’ve decided to revisit that blog post and flesh out the story of one of the female patentees in particular. Namely, one Lizzie Magie – the board game pioneer, who forever changed the way we would spend time (read: argue) with our friends and family over Christmas.
This blog post will also discuss some key events in the history and development of Monopoly. Events crucial to understanding how Magie’s contributions, and so place in history, were deliberately minimised, if not erased, by a handful of men.
The ‘official’ line
First let us look at the ‘official’ Monopoly creation story. The following version was given on the instructions for the 1973 US edition of the board game:
‘PARKER BROTHERS Real Estate Trading Game MONOPOLY was invented during the Great Depression by Charles B. Darrow of Germantown, Pennsylvania. Mr. Darrow, like many other Americans, was unemployed at the time and he worked out the details of the game primarily to amuse himself during this period. Prior to the Depression, Darrow and his wife vacationed in the resort town of Atlantic City, New Jersey. When it came to naming the streets on the game board, Darrow naturally adopted those of his favourite vacation spot.
It was an often touted example of the American Dream, that for a long time was fairly well known throughout the world. Even today, you can still find examples of this story being given as the true history of the board game. The problem is, the story is a lie. We’ll move onto Charles Darrow, as well as how the actual true version of events was rediscovered, in time, but for now let us turn our attention to the true star of this blog post – Lizzie Magie.
A quick biography of Lizzie Magie
Lizzie Magie was born in 1866 in Macomb, Illinois. Her father, James Magie, was a keen supporter of Georgism, and a great proponent of equality. Traits that were certainly passed down to his daughter.
At this early juncture, it’s probably best to talk more on Georgism, as this will come up again (spoilers: very importantly so) later on. Georgism developed from the writings of Henry George, a popular nineteenth century politician and economist, who in his 1879 work ‘Progress and Poverty’ proposed a single tax on land values (replacing all other taxes). George believed that someone should own 100% of what they have made, but everything found in nature should belong to everyone. Proponents of Georgism believe the single tax would lead to economic equality. With that hopefully better understood, let us return back to Magie.
In 1890 (ish), Magie and her family moved to Washington DC, where she would find work as a stenographer and typist at the Dead Letter Office. Here every piece of undeliverable mail was sent to be investigated, sorted, and, ultimately, disposed of. Only the staff at this Office had the power to open mail, and many turned detective to reunite mail and owner.
In her free time, Magie would write poetry and short stories, and would act and perform comedic routines on stage. She also clearly had an aptitude for invention, for in 1893 she was granted US patent no. 498,129 for an improvement she designed for Hammond class typewriters. Her invention reduced the size of the margins on the page, thus allowing for more typed words per page. I can’t find any evidence of this patent being utilised, however it should be noted that this patent was obtained when less than 1% of all US patents were being granted to women.
Magie was also a proud feminist, and wrote and spoke on the subject throughout her life. She had no desire to lose her independence by being married young, which was the norm at the time. Instead, she worked hard, and saved well, so that she was able to buy her own house and land. To bring the struggles of women in the US to the public’s attention, particularly with regards to low wages, she placed an advertisement in which she offered herself as a ‘young woman American slave’ for sale to the highest bidder. The stunt brought the press to her door, which allowed her to articulately expand on her point further.
Magie would eventually start teaching Georgism in the evenings, but quickly became frustrated by her limited reach. By now, single tax proponents were dwindling in America, in large because the charismatic and well-liked George had passed away. Magie eagerly sought a way to spread her views more widely, and soon settled on a board game as the ideal solution. At this point in time, board games had started to become more commonplace in middle class homes, as mass production made them cheaper to manufacture, and thus more readily available.
So Magie got to work, and by the end of 1903 had created a board game titled ‘The Landlord’s Game’, to which US patent no. 748,626 was granted on the 5th January 1904.
The Landlord’s Game
By looking at the illustration (below) of the game board Magie supplied alongside her patent specification, the similarities with Monopoly can clearly be seen.
Some of its notable features are: a continuous path for players to circle over-and over again (most board games at the time had a set path with a clear start and end point), collecting wages for passing the starting point, four railroads, a ‘go to jail’ corner space (complete with a corresponding ‘jail’ corner space), a public park space (a precursor for free parking), property spaces which the players would buy and sell with play money and deed cards, etc.
Originally the object of the game was to obtain wealth. Magie would later refine the game to have two sets of rules in order to better make her point. A monopolist set (known as Monopoly), in which the goal was to create monopolies and force others out of business, and an anti-monopoly set (known as Prosperity) in which all players were rewarded during wealth creation. Magie believed this approach would demonstrate to the players that the anti-monopoly version was the morally correct choice. Both in game, and, of course, in the real world. As the rules of the 1932 edition of the game stated:
‘The Landlord’s Game shows why our national housekeeping has gone wrong and Prosperity Game shows how to start it right and keep it going right’.
In 1906, Magie moved to Chicago where, along with some friends, she founded the Economic Game Company in order to sell her game. While never really a sales success, copies were sold to college lecturers (who used it as a teaching aid), just as Magie hoped. In 1910, Magie submitted the game to Parker Brothers, but they decided against publishing it.
As an interesting side note, The Landlord’s Game found its way over to the UK in 1913, where it was sold as ‘Bre'r Fox and Bre'r Rabbit’. Despite a change in title and appearance, the game played largely the same. Unfortunately it did not sell well, making it a rare and valuable game today. So one to look out for at a car boot sale.
In 1924 Magie patented a revision for the game (as the term of the original patent had expired), and this version was sold by the Adgame Company. Again, it wasn’t a huge success.
At this point we’ll Leave Magie for a while, but we won’t be leaving The Landlord’s Game.
Students and Quakers
Unbeknown to Magie, The Landlord’s Game was becoming popular among the college students who had played the game in their economics classes. Copies soon began to spread from friend group to friend group, from locale to locale, in the Northeast of the US. Unfortunately, none of these copies were the version Magie produced. At the time, it was fairly common to create homemade versions of published board games, and this is how The Landlord’s Game was spreading.
The fact that the board games were homemade, meant changes could creep in. Sometimes new house rules would be added to the ruleset. Other times, the locations on the game board would be fully changed to reflect the local area (something Monopoly would later do itself, to great success).
Unfortunately the meaning of the game became somewhat lost as people soon realised that it was actually more fun to dominate as a landlord, and bankrupt ones friends and family. So much so, that the Prosperity ruleset was eventually left to one-side entirely, and so the game became increasingly known as ‘The Monopoly Game’ or just ‘Monopoly’.
For a detailed account of how the game spread, I would recommend reading ‘The Monopolists’ by Mary Pilon, but it’s worth briefly mentioning the Quakers, who readily embraced the game, and whose ranks it quickly spread through. This group would go on to add fixed prices to the properties and change the street names to ones found in Atlantic City. The same street names that are familiar to anyone who has played the original US version of Monopoly.
It is at this point, in 1932 (28 years after Magie’s original patent) that Charles Darrow finally enters the story.
Charles Darrow
In 1932, Charles Todd bumps into his childhood friend, Esther Jones, whilst out on a walk. They had lost touch after leaving their Quaker school, and so made plans to catch up over dinner, along with their spouses. Their friendship was soon renewed, and so Todd would go on to invite Jones and her husband over for a board game night. They played a homemade version of Monopoly, and Jones and her husband, one Charles Darrow, were immediately hooked. Todd would go on to make Darrow his own version of the board game, for which Darrow insisted he provide a clear written set of the rules.
The US was in the middle of the Great Depression, and Darrow had indeed lost his job. Given the circumstances, it’s not my place to judge or question Darrow, but he soon decided to try and sell the game as his own. He asked his friend, the political cartoonist, Franklin ‘F. O.’ Alexander to work on the design. Some accounts list his contributions as including the now iconic ‘human’ characters seen on the game board. These are (and the following may help at your next pub quiz) Rich Uncle Pennybags, Jake the Jailbird, and Officer Edgar Mallory. It is likely he also designed much of the illustrations that have remained mostly unchanged, such as the tap and light bulb seen on the utility spaces, and the question mark seen on the chance spaces and cards.
Originally Darrow made his version of Monopoly with a round game board made out of oilcloth. By 1934 he had moved onto a cardboard square board which was sold at a local department store. He used his initial profits to refine his version further and after some sales success, the game would go on to be bought by Parker Brothers in 1935. The same year Darrow and Parker Brothers obtained US Patent no. 2,026,082 for the board game. Monopoly sold 278,000 units in 1935, and in 1936 it sold 1,751,000. The game was an unprecedented success.
Soon after the deal with Parker Brothers was made, Darrow was asked by the President of the company for a written account of how he came up with the idea. This is where Darrow told his lie that would go on to be repeated for years to come.
Let us now return to Magie as we continue the story.
Magie re-enters the scene
Parker Brothers soon discovered Darrow wasn’t telling the truth, and became worried about Magie and her 1924 patent. So in November of 1935, George Parker himself visited the now 70 year old Magie. He told her the company had come across her board game and wanted to sell it (along with two other board games she subsequently created). Magie was obviously delighted by the prospect of her board game finally being mass produced and sold widely, and so accepted $500 for her patent. No royalties were offered. Parker Brothers would publish copies of all three games, but soon let them fade away after little advertising.
In 1936, Magie was of course shocked to see Monopoly on sale, especially as someone called Darrow was listed as the inventor. She wanted some form of payback, and decided to fight back via the press (one such article can be seen here). The story was hardly front page news and was soon forgotten.
Monopoly went on to be a huge worldwide success, Darrow became the first board game millionaire, and Magie was all but forgotten. Until the 1970s that is.
The truth emerges
In 1973, Ralph Anspach, an economics professor at San Francisco State University, released a board game designed to teach players about the ills of real world monopolies. The game was fittingly titled ‘Anti-Monopoly’, and it quickly became a modest counter-culture hit.
Predictably, it wasn’t long before the owners of Monopoly sent Anspach a cease and desist letter due to, what they considered, an infringement on their trade mark. Anspach ignored the letter.
During the near decade long legal battle which would follow, Anspach, as part of his defence, would thoroughly examine the history of Monopoly, in which everything you’ve read here (and lots more) was uncovered. He was able to prove that the board game had existed for many years before Darrow, and found surviving homemade versions of the game from the 1910s and 1920s (several of which even had the words ‘Monopoly’ blazoned across the middle).
Conclusion
Despite what I said in my introduction, this is still a very condensed version of a much larger story. I can wholeheartedly recommend ‘The Monopolists: Obsession, Fury, and the Scandal Behind the World's Favorite Board Game’ by Mary Pilon, if you would like to dive deeper still.
I’m very happy to say that Lizzie Magie is not as forgotten as she once was. There is now plenty of media out there that details her place in history, and I’m happy to be a part of that.
She is now rightfully recognised as being the originator of Monopoly, and as such is considered a leading figure in the development of board games. However I’m not sure how happy she would be that the board game she designed to highlight the faults of monopolies, ended up becoming a celebration of them.
One last thing, as we are the British Library, it would be amiss of me not to at least quickly mention the British version of Monopoly which came out in 1936. It was localised by Waddingtons to have the London street names probably familiar to most of you reading this. Above is an advert from a 1936 London toy catalogue from our Trade Literature Collection, announcing Monopoly as the ‘game that has taken America by storm’. It would of course go on to take Britain, and much of the world, by storm too.
Written by Steven Campion, curator of our historical patents collection. For more information on intellectual property, visit us at the Business & IP Centre or online: bl.uk/bipc.
25 January 2023
Going into IP battle with Banksy
The anonymous street artist, Banksy is no stranger to intellectual property (IP) controversy.
A recent spat with high street clothing retailer Guess over the use of a Banksy work, Flower Thrower, in their shop window has erupted into another round of IP battles between Banksy and others who use his/her work. The allegation is that the image was used without permission.
And that’s just the point. Banksy, being an anti-establishment artist, will always experience some tension between working within the ‘IP system’, to enforce creative and commercial rights as an artist. Not to mention associated moral rights too.
But on that front, I believe Banksy has had some success. And I would wish any artist or creative can enjoy that too for their own work. But in Banksy’s case, there are some unique lessons.
The story of Banksy’s relationship to IP is not unlike a Matryoshka Doll. There are hidden complexities within hidden complexities nested within the hidden artist whose power and intrigue rests on mystery, surprise and subversion.
No wonder it can be hard to put Banksy into a neat category of a recognised artist commercialising their work.
So just how is Banksy different? And what’s Banksy doing to shake things up in the ordinarily suited and booted world of IP regulation?
Subverting while using the IP system
I liken Intellectual Property to an umbrella term to describe a family of different rights that protect the work of creators and inventors. The different members of the family protect different expressions and for street artists that will mostly be copyright. For a business’ product and service brands, there are trademarks.
An artist may branch out into creating products that are manufactured, such as printed T-shirts or other merchandise that carry a distinctive appearance. And for that that there’s registered design.
Banksy, is correctly using as many different forms of IP as he can to maximise protection of his work (we’ll come on to his use of trademarks as a strategy).
In our workshop and webinar, Introduction to Intellectual Property, we emphasise how each of these ‘members of the family’ can be deployed to maximise the defence and use of your creations. While there are distinctions and differences between them, all could potentially be of use.
So how is Banksy doing it and what’s different?
He’s asserting his IP rights, in this case copyright, not to commercialise but to prevent commercialisation and to have his work used within his terms. The terms of use on his website make that very clear;
“Are you a company looking to licence Banksy art for commercial use? Then you’ve come to the right place – you can’t. Only Pest Control Office have permission to use or license my artwork. If someone else has granted you permission, you don’t have permission. I wrote ‘copyright is for losers’ in my (copyrighted) book and still encourage anybody to take and amend my art for their own personal amusement, but not for profit or making it look like I've endorsed something when I haven’t. Thanks.”
The case of Guess
In the dispute with retailer Guess, Banksy was asserting his rights as the copyright holder around usage. Anyone who creates an original work (be it artistic, musical, recording or even software) can assert the same rights. The hard job is often to enforce those rights.
Banksy, did that in his own inimitable way. He claimed usage of Flower Thrower was essentially theft and encouraged a similar response in an outraged Instagram post; “They’ve helped themselves to my artwork without asking, how can it be wrong for you to do the same to them?”
Just to be clear, there is a difference between civil law and criminal law (IP the former, shop lifting the latter) but perhaps from the point of view of the creator who’s had their work used, it can feel the same.
Guess, for obvious reasons, removed the image from their store front.
But then there’s another mystery, nested within the same matryoska doll.
Guess are selling a range of clothing in collaboration with Brandalised who license images by graffiti artists, among them it appears, Banksy. Was there some deal done in private with a third party like Brandalised to allow limited usage?
We may never know and we don’t have to know. Again, the rights holders can use the work as they see fit in public or private. Which again, serves to illustrate how they should be able to retain the upper hand. It is their property, after all.
But what happens when the copyright owner wishes to remain anonymous, like Banksy does? Because to enforce your rights, you have to identify yourself as ‘the author’ or creator.
How can someone who remains anonymous do just that?
Subverting trademarks for a purpose
That is why, some have speculated, Banksy took an interest in filing some of his images as trademarks. Introducing now another Banksy work, Laugh Now, after the image of a monkey holding a placard stating ‘laugh now, but one day we’ll be in charge’.
Its application through WIPO can be found here and the applicant is Pest Control Office Limited, presumably the commercial entity representing Banksy (and doing so anonymously).
Which is why a trademark in Banksy’s case might have appeal.
But not only that, a trademark in theory can last forever, so long as it’s being used and renewed every ten years by an individual or company who owns it.
This particular application was met with opposition, however. A company objected to the application on the grounds it was filed ‘in bad faith’ in order to avoid the standard copyright requirements of establishing ‘an author’ and that there was no intention to commercially use the mark.
After an initial rejection at the EUIPO trademark Cancellation Division, it was overturned by the Board of Appeal (Case R 1246/2021-5) on the grounds that, ‘the relief from not being required to reveal his identity does not exclude the intention to use the trade mark.’ And, ‘it may not be extrapolated or concluded that Banksy will use the system of trade mark protection as mere substitute of copyright in an unlawful manner. It may neither be concluded that the proprietor has in general a negative view on Intellectual Property Rights which would lead to a filing of a trade mark without any intention to use it’
One – nil to Banksy.
What does this serve to prove?
Making the system work for you
Owning one or more form of intellectual property is on the one hand just good sense, while understanding your rights to usage is another. You don’t necessarily have to have a commercial purpose to still benefit from IP protection, especially if you want to retain rights over how your creations are used. Like Banksy, look at the different options and make it clear what you own and the value you place on it.
Especially those in any creative industry. You don’t need to even be subversive or anonymous, like Banksy. Any creative business or individual should be prepared if they ever have to have their own IP battles.
And with Banksy, at least, he’s doing it in his own style.
Written by Jeremy O'Hare, intellectual property information expert at the BIPC.
12 January 2023
2022: Our Year In Business
As we enter a new and exciting year at the Business & IP Centre, we cannot wait to help even more entrepreneurs from all walks of life to start, protect and scale their businesses across the country. Before we jump in, we want to take a moment to reflect on all of the amazing things we got up to in 2022. This was a year that saw the 10th anniversary of the BIPC National Network and the return of in-person events. let’s recap all our achievements from last year.
The London Network keeps on growing
2022 was a busy year for our London network, with three more London boroughs joining our rapidly expanding National network. We welcomed Lewisham and Greenwich in September, and Bromley a month later. Through our existing partnership with Waltham Forest, that now brings our business support services to the heart of five London boroughs.
Reset. Restart returns
In May we welcomed the return of Reset. Restart, a series of free webinars and in-person events around our National Network aimed at supporting businesses in recovering from Covid and in navigating a post-pandemic world. This year we've had over 1,140 people attend these events and benefit from the free expert advice and support on offer.
Creative entrepreneurs got ready for growth
After our previous scale-up programme came to an end in January of last year, a new, national programme for creative businesses launched in August to fill the hole. Funded by Arts Council England, our Get Ready for Business Growth programme is only in it's second delivery round & we are already supporting 50 entrepreneurs across the UK in various creative fields. From artisan homeware to theatre and dance companies, we're here to help those in the creative sector who may have pivoted during the pandemic, or are looking for new ways to to grow sustainably.
Libraries mean business
Did you know, there's more going on in libraries than you think? After filming our trailer in July, we premiered in December across social media, our newsletter and Sky video on demand. We loved having Cultureville, Paradise Cycles and Okan London, as well as our own British Library reference team member, Seema, be involved. What might you find in between the shelves of your local library?
We welcomed you back in person
October saw the return of in-person events in the form of Inspiring Entrepreneurs: Building the Black Economy. We heard from a panel of Black entrepreneurs who are building empires online and discussed the power of the Black economy with Swiss, founder of Black Pound Day.
Celebrating 10 years of national business support
This year we also celebrated our National Network's 10th anniversary and welcomed two new Centres, BIPC Cumbria and BIPC Southampton. Since launching, we’ve attracted 185,000+ attendees through events, workshops and webinars, helped create 19,000+ businesses and 12,000+ jobs, supported 10,000+ existing businesses and helped safeguard 4,000+ existing businesses.
In 2023 we've got even more in store for entrepreneurs from all walks of life to start, protect and scale successful businesses both in London and around the UK.
26 September 2022
Sewing machines - who really invented them?
In the spirit of London Fashion Week, I thought I’d dedicate this blog post to looking at the early history of the sewing machine – the tool that made the mass production of clothing possible. It is also a good example of a machine which no one can quite agree on who the inventor was.
If I describe something first, have I invented it? How detailed does my description need to be? Do I need a working model to prove my invention works? Are my ideas similar to a future proven solution? Do I need a patent?
How you answer questions such as these will likely determine who you think the true inventor of the sewing machine is. So rather than tell you who I think it is, I have instead highlighted some influential early patents from within our historical IP collection so you can decide for yourself.
Focusing on patents (should) allow us to check something is new, or at least involves an inventive step. Like any invention, it is very possible that others created sewing machines similar to those described below first, but for whatever reason did not apply for a patent. Something we will briefly explore later.
GB 701 of 1755
In 1755, Charles Fredrick Wiesenthal, a German born physician based in London, received a patent for a ‘needle for ornamenting fabrics’. The needle had a point at either end, meaning it could pass through fabric without needing to be turned. Some commentators have said the movement of the needle was via mechanical means, but the description goes into little detail.
GB 1,764 of 1790
In 1790, an English cabinet maker by the name of Thomas Saint was granted a patent for five types of varnishes and their uses, a machine for ‘spinning, twisting, and doubling the thread’, a machine for ‘stitching, quilting, or sewing’, and a machine for ‘platting or weaving’.
It is of course the machine for ‘stitching, quilting, or sewing’ that is of interest to this blog post, however it was somewhat lost in the busyness of the patent. So much so that when the Patent Office republished older patents and arranged them into new classes, it was placed into ‘wearing apparel’ rather than ‘sewing and embroidering’. It is safe to say Saint’s sewing machine was all but forgotten.
That is until 1874, when a sewing machine manufacturer called William Newton Wilson found the patent while undertaking research at the Patent Office. He had the sewing machine built and, after some adjustments to the looper, was able to prove it worked.
The machine incorporated many features still to be found on modern machines (as well as in later patents), such as an overhanging arm, a vertical needle-bar, and a feed system for the fabric.
The machine Newton Wilson built can now be seen at the Science Museum.
Fr 616 of 1804
In 1804, Thomas Stone and James Henderson received a French patent for their sewing machine, which passed a hand sewing needle back and forth through the fabric using a pair of pincers at either side (imitating the action of human fingers). It unfortunately required frequent stops in order to replace the short length of thread it used.
Austrian Exclusive Privilege in 1814
In 1814, Josef Madersperger, an Austrian tailor, received the early Austrian equivalent of a patent for his sewing machine. It used a double pointed needle (like Wiesenthal’s) and replicated as best it could hand sewing. In 1839, Madersperger received another patent equivalent for a machine that used an eye-pointed needle.
Neither machine was ever made publically available and Madersperger would unfortunately die destitute in an Viennese almshouse in 1850. In 1933 a memorial was erected in Resselpark in Vienna, declaring Madersperger the inventor of the sewing machine.
FR 7434 of 1830
In 1830, a French tailor called Barthélemy Thimonnier received a French patent for his sewing machine which used a hooked needle to replicate hand sewing. The same year Thimonnier found himself overseeing 80 of his machines in a Paris workshop making uniforms for the French Army.
Unfortunately the success was not to last, as in 1831 all 80 machines were destroyed by a mob of angry tailors, fearful his invention was a danger to their livelihoods. Although later patents followed, Thimonnier never found further success and died in poverty at the age of 63.
One of Thimonnier’s 1830 sewing machines can also be seen at the Science Museum.
GB 10,424 of 1844
In 1844, John Fisher and James Gibbons received a patent for, among other things, a machine for ornamenting lace. While not originally intended to be a sewing machine, it nevertheless was able to function as one, and used both an eye-pointed needle and a shuttle – both still in use on machines today.
US 4,750 of 1846
In 1846, Elias Howe Jr. was granted a patent for his sewing machine which used a lockstitch design (the most common mechanical stitch made by a sewing machine today, which uses two threads that ‘lock’ together). Unfortunately Howe struggled to find financial backing for his machine, and so was forced to take a job in London modifying one of his sewing machines for a buyer there.
When Howe eventually returned to America he discovered sewing machines were being sold that appeared to infringe his patent. One such sewing machine was the work of an Isaac Merritt Singer – a man whose surname would soon become synonymous with the sewing machine.
Howe sued Singer for patent infringement and won. Many more legal battles would ensue between the main sewing machine inventors and manufacturers before they would decide to come together to form the first ‘patent pool’ (and the Sewing Machine Combination) in 1856.
With my earlier disclaimer in mind, it’s worth briefly looking at an inventor who never took out a patent – a man by the name of Walter Hunt. Howe’s sewing machine is often credited as being the first to sew a lockstitch, however Hunt invented a sewing machine that did so 13 years earlier in 1833. Not wanting to put seamstresses out of work, Hunt never applied for a patent, but his machine came to light during the patent trials.
Hunt can therefore be called the inventor of the lockstitch, however Howe had the patent for it. Earning him $5 for every sewing machine sold in America. Howe soon became a very rich man.
Conclusion
So that was a very condensed account of the early history of the sewing machine. Several less important patents were skipped in the name of brevity, and many of the inventions that were included could have filled a blog post many times longer than this one alone. If you would like to know more then please do come in to the library to read further.
Hopefully you now have a better idea of who you think invented the sewing machine, or maybe you feel it was actually the accumulative work of many.
Steven Campion, Business & IP Centre intellectual property expert.
21 September 2022
Gold and the alchemy of Intellectual Property
Our obsession with one metal has inspired some of the greatest art and creativity in history. Why are we so enamoured with it?
Gold is rare, malleable, remoulded and reinvented into countless forms, throughout many different cultures and civilisations. It is also incredibly beautiful.
We extract it from the earth to form objects that are coveted and often become more valuable over time until they become treasures. This process inspires great innovation and creativity. All in the pursuit of one, precious metal.
The British Library’s Gold exhibition showcases its own collection of golden treasures. On display are manuscripts, treaties and book covers of varying ages and from different places, cultures and civilisations from all over the world.
Here we see how this valuable commodity, when combined with innovation, creates new objects that can be protected, valued and resold. As we’ll discover, it’s a kind of intellectual property alchemy.
Innovation to extract beauty
Over the centuries there have been various places where people have literally, ‘struck gold’. These have become renowned; from the ancient mines of Egypt, India and Anatolia to parts of Europe, where explorers obsessed over a mythical place in the new world called El Dorado, the city of gold. More recently, it is the 19th century that springs to mind, with its gold rushes in Australia, New Zealand and North America as well as Canada’s famous Klondike gold rush in the Yukon province, immortalised in novels and film.
Each gold rush generated new migrations, economic development and new technology. It’s here that the patent system gives an interesting snapshot into what was going on technologically as speculators were investing in sophisticated ways to extract more and more from the same mine.
A patent is an intellectual property right that will protect new and original inventions and processes. The British patent GB1853 no.997, Apparatus for Washing Earths containing Gold, is one such example. Here, two mining engineers from France sought protection for a new technique to ‘dredge’ and ‘wash’ earth and materials derived from rivers to extract more gold. We can see an illustration of how their patent worked in practice here:
There were many other such patents at the time related to mining and metallurgy to keep up with the demands of the industrial age’s hunger for minerals and metals.
Innovation in transformation
Once sufficient quantities of gold are gathered, they can then be transformed into objects of various kinds. How the gold is used has inspired many different techniques over time that have lasted through to today. The use of gold leaf is over 5,000 years old. Ancient Egyptians developed techniques to hammer gold into a thin layer, which created just the same appearance as the solid material but with a more economical use.
Gold leaf can also be finely ground into gold paint combined with a pigment to create ‘shell gold’. Again, another economical use of gold which means that the gold, in its leaf and shell forms, can be used in as varied works as wooden sculptures to gilded porcelain to illustrated manuscripts; such as the British Library’s Harley Gospels.
But the value is not just in the commodity, it’s in the artistic creation. Many jewellers have registered designs for unique pieces made of gold and other precious metals. A well-known brand like Bulgari have a number of watches registered as a design, presumably as they are unique signature pieces of great value to the brand and its design heritage. Here is one such UK registered design:
Main illustration for design number 80800720005000
Registered design is an intellectual property right that gives companies or individuals the right to protect the appearance of a product, such as its shape or pattern. These are ordinarily for more than one piece that is in production.
But what about one of a kind creations using gold? Can they also acquire extra protection and value?
The golden rule of copyright
Each of the works on display in the Gold exhibition is a unique work of craftsmanship and art. Among the most modern is an Art Deco binding by Pierre-Émile Legrain (1889– 1929) of Colette’s La Vagabonde Paris, 1927. Like nearly all of Legrain’s work, they are one-off, original creations and so are automatically protected by copyright at the time of creation. You can call it the golden rule of copyright: if you create an original work it’s automatically yours to own (or sell). However, as Legrain died over 70 years ago, his work is now in the public domain so can be copied and reused. However, this doesn’t lessen the value of his originals, which sell at impressive prices at auction due to their recognised skill and scarcity.
Pierre-Émile Legrain binding on Colette, La vagabonde Paris, 1927. British Library, C.108.w.8
All that glitters isn’t exactly gold
Gold is so valuable and treasured that anything associated with gold, almost unconsciously takes on this value, conveying a meaning that taps into our shared cultural experience and memory. This is where the modern world of branding has lifted this golden association and taken it into new places, in every kind of trade conceivable!
What do you think of, when you hear ‘golden arches’?
A search on existing registered trade marks is a fascinating look at how everybody wants to be associated with all that’s golden. There are over 1,000 trade marks that begin with the word, ‘gold’. From estate agents to media companies, the tourism sector to restaurants, to name but a few.
This goes to illustrate just how we love all things golden, that the value of a trade mark and its reputation is enough for businesses to invest in their brands with the hope of one day selling or licensing their name. This is IP alchemy taken to another level!
Why gold will always hold its value
But it’s not just the value of gold as a commodity, it’s the versatility of gold that exponentially increases its value. Its value may be in a beautiful jewellery design, a one-off work of art that features gold, an invention to find more gold or the power of association that makes us love a brand or business.
Gold carries a symbolism seen in every culture and time. It’s been considered sacred and it’s been considered profane. It’s inspired the best of our creativity (and sadly the worst of our greed). It is truly timeless and its varying forms are endless.
So next time you see anything golden, remember there’s more than meets the eye when it comes to its value. There’s creative alchemy, and sometimes a little IP.
Jeremy O'Hare, Business & IP Centre IP expert
18 July 2022
IP Corner: Breaking the News with groundbreaking technology
News and technology have always needed each other. A history of breaking the news is also a history of the groundbreaking innovations used to deliver it.
Behind the incredible stories and newspapers that published them, in the British Library’s Breaking the News exhibition, is also the story of the complex inter-relationship between publishers, audiences and the society that delivered the innovations behind it.
For the last couple of centuries publishers having been finding new audiences and utilising new technologies to accomplish just one thing; to get news and information in front of people’s eyes in a way that’s commercially sustainable.
Here is a small selection of the technological innovations protected at the time by patents to enable them to do it.
Pre-industrial to industrial printing
China and later Europe lead the way in pre-industrial printing and publishing. But methods of creating and printing text were still comparatively labour intensive. The Gutenberg Press helped to mechanise the process but still relied on hand presses. Nonetheless it helped to satisfy the demands of a growing literate class hungry for new ideas and knowledge.
But it wasn’t until a few centuries later that we had the beginnings of the industrial age and the first machine powered printers. The limitations of hand presses precluded any possible daily newspaper from circulating widely. But between 1810 and 1814 came a breakthrough with German inventor Frederick Koenig’s ‘Printing Machine’ (patent GB 1810 3321) along with a number of other related patents.
The use of the word ‘machine’ itself is noteworthy, as it was a steam powered cylinder press. Some British investors interested in new printing technology who backed Koenig were rewarded with a machine that doubled print volume to 800 impressions per hour on previous technology. The door was now open for subsequent print machinery to develop.
A ready reading audience
By the middle of the 19th Century the first industrial society was emerging in Great Britain with similar changes in the US and Europe. Massive social changes were underway, among them the urbanisation of populations servicing the technologies of the industrial revolution.
Large populations within a comparatively small space meant distribution of information was able to be quicker and more efficient. Furthermore, other technologies and services such as the railway, canal network and the postal service meant a greater interconnecting of people, cities, towns and regions. News could be spread faster and the mass production of newspapers to a mass audience became a reality.
The technology enabled it and publishers, sensing a business opportunity, financed the capital to achieve it. Among the many emerging printing technologies of the time was British inventor, Augustus Applegath, and US inventor, Richard M Hoe.
Applegath can claim credit for inventing the machine that The Times of London was printed on. His invention replaced the previous flatbed printer and the new model was able to print on both sides simultaneously using a rotary technique. This enabled The Times to produce 4,200 prints per hour. A marked improvement in copies and also cost efficiency enabling the paper to expand its reach and influence.
Following close behind Applegath was Roe’s, Improvement in Rotary Printing Presses, (US patent 5199, 1847). Publisher’s put it to good use and bought the technology. Roe’s invention was affectionately known as the ‘lightning press’, generating 8,000 papers per hour. Subsequent improvements meant newspapers could be printed on both sides as well as cut and folded. By the 1870s, technology meant the modern newspaper industry as we knew it for the 20th Century, was born.
The golden age of newspaper printing
The early 20th Century was the golden age of newspaper publishing. The market had matured as huge audiences could be reached. Information could be passed around the world quicker with established communication technologies such as the telegraph and the hunger for daily news was now insatiable. Publishers, now an emerging breed of media barons, could consolidate their ownership over various titles as circulation figures kept rising.
The business model was focused on advertising revenue, keeping the cost of a single paper as low as possible for the consumer. This meant papers could be sold cheaply, or in the eventual case of local papers, delivered freely. All audiences in society had a paper to read, whether it be a broadsheet, red top or somewhere in between.
In the meantime, marginal improvements in technology ensured continuous profitability for the industry. A 1967 US patent (3,314,626) part submitted by the Hearst Publishing Company, essentially improves on the efficiency of paper use in large rolls. The print industry was certainly as efficient as it could be, however, other emerging media technologies began to have their impact.
Mass media and the internet
With radio and TV increasingly dominating the dissemination and delivery of news, advertisers could see their spend more effectively used through these mass media channels.
Scoops, splashes and investigative pieces still kept print media in the public attention and the value of local print news held steady over much of the second half of the 20th Century. However by the year 2000, advertising revenue for newspapers hit their peak and within ten years had sunk to below 1950 levels.
By the turn of the 21st Century, a now established technology called the internet, meant words on a page could now become words on a screen. News could be instantly delivered by newer and smarter ‘reading devices’, or what we now call smartphones and tablets.
The challenge of physical distribution of written content was now history; digital meant instant, anytime, anywhere. The 20th Century newspaper industry now had to become 21st. Some publications have managed the transition to newer forms and different business models. Many haven’t.
News Corp UK & Ireland [GB] patent application EP2747031A1, a method of publishing digital content, 2012, is a fascinating example of an established print media company innovating in the face of rapid technological changes, in this case with tablet formats. The patent attempts to recreate the newspaper column, as a reading experience, to the tablet.
From one challenge to another
At the outset, all of this innovation was focused on solving one challenge; to get as many eyes as possible reading news and information at a price affordable to them and the publisher. The appetite was there and without doubt, technology over the 19th and 20th Century delivered to the audience’s needs.
The challenge of the 21st century is now not distributing content but holding attention. With printed news, posts, tweets and images bombarding us daily through our devices, could there be new innovations enabling us to see what we really want to see? This is the new and emerging business model of the tech companies who now have the lion’s share of advertising revenue.
How will print respond? And are there new innovations around the corner, and new audiences to engage with? Surely, there must be. The news isn’t broken yet.
Jeremy O'Hare, Business & IP Centre IP expert
29 April 2022
Spotlight On... our IP experts!
To mark World IP Day this week, we're shining a spotlight on the intellectual property experts of the Business & IP Centre in London to learn about their favourite inventors, weird and wonderful IP queries they've helped to solve, and more.
Neil Infield, Business and IP Centre Manager
If you come into the Business & IP Centre at the British Library you'll see Neil's friendly face! He's there to guide you through the complex material we have. Since joining the British Library 17 years ago, Neil has become an expert on trade marks and has supported thousands of aspiring entrepreneurs develop their IP. Let's hear more from Neil now.
What's a weird and wonderful IP related query you’ve had?
"I met with someone who wanted us to arrange a meeting with the head of Transport for London. His invention would remove air from underground tunnels, which would remove air friction from the tube trains. This would massively reduce energy consumption on the underground system. We didn’t resolve the issue of how passengers would breathe on the trains."
What form of IP should every business have?
"I’m a bit biased as I deliver the workshop on Trade Marks. But on the basis that if you are successful, you will definitely have competitors, you need to be able to differentiate yourself from them. And owning a distinctive registered trade mark is the way to do it."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"I guess the biggest name to go into the public domain will be Micky Mouse next year (2023). But it will be only the original version of Micky (think Steam Boat Willy) will be coming out of copyright. You can find out who came out this year on Wikipedia
Who is your favourite inventor or invention?
"I think I will go for inventors I have actually met, but I can’t get below three people!
- Mark Sheahan, our Inventor in Residence at the Business & IP Centre for over 15 years. He has helped hundreds of inventors through his free, one to one advice clinics.
- Ian Harrison, who I met at my first British Invention Show in 2006. His Milli Grip adjustable spanner is sheer genius. And I am the happy owner of both the original and updated versions. You can see Ian demonstrate the spanner here.
Like many great inventions it hasn’t had the success it deserves. It is currently available through Monument Tools. - An equally brilliant invention is the Kikka Digga developed by Nick Skaliotis. I first met Nick demonstrating his tool at a local agricultural show at Plumpton College. In conversation while buying an early version of the Kikka Digga, I discovered he had already been helped by the Business & IP Centre. Again this product is still waiting to mainstream, but if you read this review on Amazon you (like me) will wonder why every keen gardener doesn’t yet own one."
Seema Rampersad, Senior Research and Service Manager
Seema has been with the Business & IP Centre for 9 years and has built a reputation as one of our top notch presenters and speed-mentors. She has worked as an information professional for over 25 years, most of this time has been as a business librarian in the corporate sector.
What's a weird and wonderful IP related query you’ve had?
"We frequently get asked for patents from the 19th century which are not available to find easily or free on the internet. We usually must research some aspects of the query using our specialist resources and even patent indices to find the patent number, year and actual patent with drawings. Some of the 19th century inventions are baffling but also interesting such as one on a physiognotrace for drawing portraits. There was one international government department from another country who were extremely pleased when I provided them with a culturally significant patent which they had previously spent about 10 years trying to trace. I found it in about 10 minutes using our patent resources!"
What form of IP should every business have?
"Trade marks and copyright are forms of IP that most companies have for trading and doing business. As a member of staff who uses a lot of digital content as well as a consumer of content in everyday life, I am reminded of copyright very often. Copyright for creative works is an automatic right but I still would recommend that you are explicit that the right belongs to you and your business to ensure that your copyright is protected and not infringed. I also recommend that you do your due diligence and research copyright owned but others in the onset of your startup to avoid infringing the rights of others."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"The book Winnie the Pooh came out of copyright in 2022 and there are various artist pieces of works in music, sound and films that are out of copyright which I am less familiar with. However, music like Gershwin's 'Rhapsody in Blue' and songs like 'Long Road to Tipperary', 'Til we meet again' and 'Pack up your troubles in an old kit bag' are still being sung freely nowadays with Eliza Doolitte doing a remake of the latter in 2010.
Who is your favourite inventor or invention?
"I am an avid Apple Inc fan from my iMac, iPhone, Apple Music and I still aspire to get an Applewatch one day. These items have truly revolutionised the way I work, socialise, relax and consume content. I particularly like that Jony Ive, Chief Design Officer (CDO) at Apple, is from my neck of the woods in London. His journey to greatness is truly remarkable as an industrial designer. I also thank Apple for making me more connected in my personal and professional life with these innovations. Not to mention our amazing successful customers who inspire us with their motivations and business ideas in the Business & IP Centre."
Jeremy O'Hare, Information Expert
Next up we have Jeremy, who has worked at the British Library in a number of roles since 2006. His background is in business information and was previously a Relationship Manager for our scale-up programme, Innovating for Growth Scale-ups. If you've attended some of our webinars, you may recognise him from his intellectual property workshops and one to one clinics.
What's a weird and wonderful IP related query you’ve had?
"Without revealing too much as a lot of people I see require confidentiality, I have worked with performing artists such as dancers and musicians who compose, choreograph and create pieces that become a live art installation. So the IP creation with multiple creators and collaborators (as well as producers) can become very complex but absolutely fascinating. It also demonstrates how IP is in so many different endeavours and is not just about inventions and brands."
What form of IP should every business have?
"I think every business should have at least one trade secret. And I’m saying that in a broad way, such as what is the process to do things that’s better or cheaper than anyone else? Do you have a special network that provides an advantage or have you innovated something so new and unique with value that you can build a business off it? Whatever it is that you wouldn’t want to lose that helps your business should be named and valued."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"Most of George Orwell’s work is out of copyright from last year, so expect a whole range of work coming out based on his work. There’s already an Animal Farm game. Watch out for adaptations of his established works on stage, film and literature. It’s interesting to note that some of his recently discovered work, may be still subject to copyright restrictions which is why copyright can be a little confusing at times."
Who is your favourite inventor or invention?
"I love looking at the history of patents and how certain inventions have come to create the world we live in. I do think the invention of the first jet engine invented by Frank Whittle, paved the way for the world we know today (GB347206 Improvements relating to the propulsion of aircraft and other vehicles). We can travel to destinations once the preserve of only a few, form closer business relationships, bring long separated families back together and to form new relationships! The world is so much smaller because distance is not an obstacle. It’s just now the price of an air fare!"
Steven Campion, Subject Librarian (Business and IP)
Steven works alongside Business & IP Centre colleagues as the curator of the IP collection. He has worked at the library for 9 years and can often be found in the reading room helping researchers access our world-leading collection of historical IP documentation.
What's a weird and wonderful IP related query you’ve had?
"I quite enjoy a ‘what is this thing’ enquiry. It’s amazing how often a mystery object will have a patent number somewhere on it."
What form of IP should every business have?
"Always protect a strong business name or logo with a trade mark. Plenty of information on our web pages on how to do this – or pop into your local BIPC for advice."
What piece of classic/pop culture will have a big impact when it comes out of copyright?
"Micky Mouse – but only the version as depicted in Steamboat Willie, as the short film will enter the public domain in January 2024. Later iterations of the character will still be in copyright, and Disney have many trade marks on the character (and many, many, lawyers), but I’m interested to see what happens."
Who is your favourite inventor or invention?
"My favourite inventor is Melitta Bentz who invented the coffee filter (and with it the coffee connoisseur’s favourite – pour over coffee) in 1908.
Before Bentz, coffee was usually brewed by pouring ground coffee into hot water and then waiting for the grounds to settle to the bottom. Sieves and cloth bags were available but they either let too many coffee grounds through, or would be so narrow that the coffee would be cold by the time it was filtered. Bentz’s solution was simple yet brilliant – a perforated brass cup lined with a piece of blotting paper from her son's exercise book.
Bentz became one of the first female German patentees and would go on to found the still hugely successful Melitta company. We have a Melitta brand pour over coffee set in our house and every time I see it I am reminded that we all have the potential to have an idea that can not only make our own lives better, but perhaps also change the world a little for the better as well.
…My favourite invention however is Lego. My bank balance is testament to this."
Got an IP query of your own? Head to our website to learn more about how we can support you and get in touch with our IP experts now!
25 April 2022
Ten Things I wish I knew about Intellectual Property when I was younger
Every generation of young people wants to change the world. And they do, in some way.
Right now in someone’s studio flat, or halls of residence or on a gap year adventure is the next founder of a tech giant, a publishing phenomenon or an inventing genius. Of that, there is no doubt. But some may not get the success or recognition they deserve for their originality, creativity or inventiveness. The one thing that can often make or break an entrepreneur or business venture is getting their intellectual property right, first time.
This year’s theme for World Intellectual Property Day is IP and youth: innovating for a better future.
Here is a list of the most common mistakes that I’ve come across in helping thousands of entrepreneurs, creatives and inventors. I’m a little older now having helped so many but I hope what you read here will make all of us that much wiser not matter how young we are.
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Knowing how important Intellectual Property actually is.
You don’t know what you don’t know and that’s the point of our first tip. For any new business (or established) not understanding how IP can protect your creations and innovations is a fundamental mistake. There are two sides to IP; one is preventing unauthorised use of what you create and the other is maximising your existing IP as an asset that can acquire value. And if you come to sell your business, a lot of its value potentially resides in your IP. Understanding this and building it into your business strategy will maximise your IP, and therefore, your business impact. But how? That’s the next point.
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Getting to know the IP family
Want to patent your idea? Re brand your design? Copyright your invention? Mixing metaphors is one thing but not understanding the different forms of IP and what they do is like being stuck in a maze without an exit. What’s more, knowing a thing you create in your business or a creative pursuit can often be protected by more than one form of Intellectual Property is a great help. I like to call them the IP family. Knowing the difference between them and the job they do will provide clarity, and help you formulate your IP strategy clearly. So, for the record, you patent your invention, register your design and copyright your artistic expression. You trade mark your brand, keep quiet your trade secret and everything else is know-how known only to you. And as we’ll see, timing for all of this is key.
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Don’t be late to register or protect your Intellectual Property.
I’ve been an agony Uncle to many downhearted, once enthusiastic, start-ups. What has been the most common problem? ‘I started trading with this amazing brand only to find someone else was using it’. It’s a fundamental mistake. What you think is an amazing name for a product or business is probably so amazing that someone else has got there first. So do your research online but also for the register of existing trade marks in the UK here. Our team in the Business & IP Centre’s around the country can assist you with how to do a basic search. This of course as relevant to all the other forms of IP, so it’s always good to register or protect as soon as you can establish originality.
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Don’t overshare and the importance of confidentiality
We’ve all done it. It’s irresistible. We’re so excited and captured by our new business proposition or new gizmo that will change the world that we ‘overshare’. Pub environments are particularly risky. If you do have something of real potential, why tell the world, or just anyone else you know? The other thing I hear often is that ‘so and so stole my idea’. Unfortunately, the idea shouldn’t have been shared in the first place. Knowing what a non-disclosure agreement is and when to use them, is a good first step to securing your idea if you need to share it with interested parties. In fact, when it comes to inventions, anything already known in the world invalidates your application. So, as a rule of thumb, share nothing with no one, unless necessary, and with the right protection in place.
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Assuming a good idea is a commercial idea is the easiest mistake.
This is a big one but I have to say it. Lots of people have amazing ideas for inventions or services and create incredible things, but not all of these will be commercially successful. Why? Because there’s no market value to them. The thing you create doesn’t satisfy a big enough demand where people are prepared to pay for it. So a good exercise early on is to ask yourself three questions; what problem am I trying to solve? How big a problem is it really? And does my invention or business provide a good enough solution? Inventors very often fall into this trap. They discover a solution to something without considering the size, and therefore commercial value of the problem. History proves this, as there are piles and piles of granted patents which never made it to market. Anybody care for spray on hair? Electric shoe polishers? But at least we can be reassured that even the biggest and boldest companies can fall into the same trap. Anyone own a Betamax?
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Not market testing your new product or service.
With this in mind, it’s just good practice to do prepare a robust business plan that includes some evidence of potential demand for your innovative product or service. Market research and testing are fundamental steps to get right early before properly launching. This helps to safeguard any future investment, both time and resource and IP, that you subsequently put into the business. At the British Library’s Business & IP Centre you can do market research with some of the best researchers and publishers in any given industry. That will help to demonstrate that you’re on the right track (or not).
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Not setting an IP budget.
There is a cost to registering some forms of IP, those that are known as registered rights. Specifically, these are patents, trademarks and design. The most costly are patents but you should do all your IP research early and work out what the most cost effective options are balanced with maximum protection (supported by a sound business case). That way you’re on track to make judicious IP decisions that pay off. It’s also very helpful to list IP as a necessary cost alongside other costs such as marketing spend, operational and staffing. Ultimately, if your IP is effective, the asset should pay for itself.
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Not factoring in infringement costs
First, some bad news. There are no IP police. You will need to be alert to anyone else copying your invention, using your brand or selling a different version of the same product you created. And it’s up to you then to act. Sadly, as your brand grows with your product or service, you should expect copycats. Imitation, they say, is the sincerest form of flattery, except when it takes out your bottom line or ruins your hard earned reputation. Early and tough action on infringement is the best way to shut down any threats and that will almost always involve some legal expertise. So set aside a war chest in your IP defence but be reassured that there is professional help out there. And that’s when IP lawyers are there to fight for your interests. IP lawyers should be members of professional bodies such as CIPA or CITMA. Also be aware of trading standards for some circumstances of infringement.
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Not knowing what to ask an IP attorney
Ignorance is never a good thing, especially when trying to solve a complex problem like IP infringement or a new application for protection. That doesn’t mean you have to be an expert, by any stretch. But at least by having a good solid grounding and understanding of how IP works for you and your business means you can maximise the time and effort of any professional advice you seek. Knowing enough about something to ask really good questions and to evaluate the reply is more power to you and encouragement that your IP budget is paying back. Time is money (especially legal time) so cut out the IP small talk and get to the crux of the IP issue and its possible resolution.
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Not starting with your Business & IP Centre or Patlib!
How could I not conclude by inviting anyone with an IP issue or question to get in touch with their local Business & IP Centre or Patlib (patent library) network? You’ll be able to talk with staff who have experience and are able to be a sounding board for you to make informed decisions that support your business. No matter what your age (but especially if you’re young), you deserve to be rewarded for your new and innovative creations! And intellectual property is there to ensure you do just that.
Meet Nick Hart, founder of Storm Skin
Like many budding entrepreneurs, Nick, the London-based founder of Storm Skin has never been short of ideas, but as a first time entrepreneur, he had always hesitated when it came to launching. We are happy to say that with our help, Nick was able to gain the confidence and tools needed to take the plunge and launch his bicycle cover business. We spoke to him to find out more about his start-up journey.
“Storm Skin was born out of personal frustration. As an urban cyclist with limited space, I have no choice but to store my bike outside. A bike cover is an essential item to prevent your bike rusting and seizing up. However, the only bike covers available to buy were cheap, flimsy and prone to ripping. What’s more, they were poorly fitting and tended to spend more time on my next-door neighbour’s hedge than covering my bike. So, we built a bike cover that worked. 100% waterproof, easy to fit, durable, unrivalled protection from wind, rain and UV. Simple.
My first interaction with the BIPC was at Start-Up Day in 2018 and since then they have played a pivotal role in the development of Storm Skin. The Start-Up Day event inspired me to move beyond daydreaming about running my own business to taking steps to make it happen. Once I had taken the decision to proceed, I booked a one-to-one session with an expert from the BIPC. We discussed the lean start-up methodology, and I was able to learn more about the electronic resources available at the BIPC in the British Library. Over the following months, I regularly visited the library, using Mintel databases to research my consumer and market.
They also supported me with exploring opportunities to export my product into the EU. This included providing links to resources as well as workshops run by their partner organisation (Enterprise Europe Network). The information the BIPC provided demystified the complex process of exporting, particularly the new rules and regulations post-Brexit.
Another key area that the BIPC supported with was constructing my IP strategy. I attended a workshop with expert IP lawyers, which provided me with more information on trade mark protection, design registration and patents. Armed with this info I was able to decide the level of protection I needed, whilst remaining within my budget.
Finally, I was also helped with the sourcing of my product. Through their monthly Inventor’s Club I was able to meet Bob and Richard, two product experts and serial entrepreneurs, they explained the basics of sourcing products from target pricing to prototyping. Through Richard, I was also able to meet Katy, who helped me to approach factories with my idea.
The best business advice I was given was that innovation comes in many forms. Incremental innovation is as valid as revolutionary innovation. It is not always necessary to create something completely new. Many great business ideas are improvements on existing products. In my spare time, I like to spend time with my family. I have two children under five, who keep me busy and help give me perspective when I’m having a tough day.
The book that most influenced me was the FT Business Start-Up guide. This book has a step-by-step checklist for setting up a new business. I found it invaluable, allowing me to break down the process into bite-size tasks. The book also ensured I didn’t miss anything (product protection liability anyone?).”
Is your business idea still a daydream instead of a reality? Visit our workshops and events page to see how we can inspire you to take the next step.
20 April 2022
Inventors of the Month: John Waddington and Anthony Pratt
If you were to hear the names, Professor Plum, Colonel Mustard or Miss Scarlet, the board game Cluedo, might immediately come to mind. And for good reason too. The game is a part of so many of our childhoods.
It’s almost eighty years since the idea for what we now know as Cluedo was first pitched to Waddington games by Anthony Pratt, musician and factory worker at the time. Yet, would you think of it as a Leeds innovation?
The story goes that he was inspired with his wife, Elva Pratt, to create a board game based on some of the live murder mystery games played in country houses that were popular at the time. The Leeds games company saw the potential of the idea right away and did a deal with Pratt.
The eponymous company was founded by John Waddington in Leeds. Its brand has been a household name in Britain for much of the 20th Century. If you could time travel back to any post war decade and take a peek into any games cupboard in any home in Britain, you’d likely find at least one Waddingtons’ game. Probably more. A household name is not an over statement.
So this was certainly a magnificent opportunity for both games inventor and manufacturer. Waddingtons was becoming a local Leeds institution and their reach would be pivotal to the success of Pratt’s invention.
But what was really the key to making Cluedo such a household name around the world? The answer is in three rather forgettable words, intellectual property rights. Here we see Cluedo’s widespread success and the collaboration between Anthony Pratt and Waddingtons as a fascinating case study in intellectual property (IP) and why these rights are so important.
We’ll see how and what lessons we can learn for a new generation of games inventors (and anyone else).
Monopoly right?
Waddingtons built their early success on another game, which also just happened to become a household name. The new American game, Monopoly. They had the exclusive licence from US maker and rights holder, Parker Brothers, to make and sell in the UK. A very savvy move as it turned out, as the favour was swapped with Parker Brothers eventually obtaining the licence for Cluedo (or Clue as it was rebranded in the US).
So the first lesson here is that being a licensor (the owner of the IP rights) and the licensee can (and should) work in both party’s interests.
It certainly worked for Waddingtons, as Monopoly’s success put them in a strong position to develop more games. Cluedo (and Anthony Pratt’s idea) came at just the right time in the company’s growth potential.
But what of the inventor; how would Pratt protect his idea?
Patently obvious answer
Interestingly, Pratt patented the idea for Cluedo back in 1944. Though if you search for any patent called Cluedo, you won’t find it (for reasons to be explained).
Pratt’s patent specification GB586817, Improvements in Board Games, is a fascinating patent. You can view the original here. A patent is a particular type of IP protection for inventions and/or processes. It is usually technical or mechanical in nature, so it’s interesting to read how a game could be considered as such.
Here’s an extract from Pratt’s original patent, outlining the process in playing Cluedo. Anyone who’s played it may well understand the selected extracts;
A board game comprises a board divided into areas representing rooms of a house connected by small squares… ten differently coloured movable pieces representing persons, nine tokens each representing a weapon, and a pack of cards having three suits, one suit containing nine cards which correspond with nine of the rooms… The object of the game is to identify a hidden combination of three cards, one from each suit, as a result of information accumulated during play.
The patent for what we know as Cluedo was granted (meaning finally approved by the Patent Office) in 1947.
This gave Pratt, ownership and rights over the game and the ability to sell or licence the process behind the game to any games maker. Owning the patent also provided him a way to oppose any unauthorised copying.
It raises the question, can you still patent a board game today?
Patents and games
The bar is much higher today to be able to patent a board game. That’s because the same criteria apply, that is the games’ process, or method have to be non-obvious and never been done before. It’s actually more difficult to come up with a really new games process that is truly an innovative step.
It’s also the more costly of the IP rights and takes the most time. There are other IP options, the same ones that Waddingtons also used.
Copyrighting a game
Copyright is an automatic and unregistered right, meaning the creator owns it as soon as it’s created. Putting a copyright sign, naming the owner and year of creation on the game is a simple and legally recognised way of asserting your IP rights.
Copyright applies to all artistic and written creations. It includes visual elements, wording and designs incorporated into the whole board game, and all can be considered copyright. If, there was ever any copying of a games look or distinctive elements, the creator can seek redress as an infringement of their copyright.
One other IP right called registered design, can sometimes be used. Especially if there is an element of the game that is three dimensional, such as player tokens.
The other very important IP right in relation to games is the trade mark. You can find more information about IP and board games by reading our Industry Guide.
Protecting the name of the game
The appeal to the game Cluedo is in the name, Cluedo. That may sound like stating the obvious but the creation and use of the name is another very important ingredient in a game’s success. The original name for Pratt’s game was Murder! But the one of Waddington’s company executives, Norman Watson, who ran with the idea promptly changed the name to Cluedo. Which was an apparent play on a Latin word ludo, meaning ‘I play’. A clever games title and eventually a brilliant, valuable trade mark.
Here is a wonderful marriage of concept and process (the patent) with the branding and name (the trade mark), topped with a visually appealing board design and unforgettable player names (the copyright). All of these forms of IP protection acts as bricks in a defensive wall of 'idea protection'.
But if you own the trade mark, in practice you pretty much own the game.
Cluedo today
Our Leeds story goes global, as Waddingtons was purchased by American games giant, Hasbro in 1994. And so, Hasbro obtained all the IP rights to Cluedo. We can see that the registered trade mark for Cluedo is still active today. As well as the trade mark for the board game.
Hasbro have taken Cluedo into new directions. Interestingly, the design of the board game, with its various rooms and names is also now a trade mark. The company is using all means of protection to extend the life of the game and retain IP rights over it. It’s a way to safeguard the investment in its purchase. Is it hardly surprising when we see what a timeless success Cluedo has become?
In recent times there have been many Cluedo spin offs, including novelty versions of the game for the Simpsons and TV comedy Big Bang Theory. Back in the 1980s there were even computer game versions and film as well as a TV show in the 1990s.
It all goes to show how a great games idea, playing on our love of old fashioned parlour games, mixed with Agatha Christie style characters can create something as novel as a board game, lifting a name like Cluedo, to the status of iconic.
So who dunnit?
It was a Leeds inventor and games maker that brought hours of fun to families, down generations, around the world.
Jeremy O'Hare, Business & IP Centre IP expert
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