The First Seven Steps to Protecting your IP

Posted on 10 September 2020

Intellectual Property - or IP for short – sounds mysterious. But is it?

In one sense, no. IP is property protected by laws, just like any other piece of property.

In another sense, yes. IP is the result of intellectual creativity, a kind of magic that results from the human brain’s creative ingenuity. Together, intellectual creativity and the laws that protect it result in Intellectual Property (IP). It can be protected by registration, bought, sold, and licensed.

It can be demystified with a little effort and knowledge, and added to your business tool box.

So, where to start? Start at the beginning, with an idea.

Next, move through these seven steps:

1) Describe - what you have created – what is it?

2) Analyse - what you have created – stand back and view from several angles, there are usually more than one.

a clever bit of functional kit and/or a process
a thing of beauty
an image or story to delight
an attractive brand

3) Learn - your next step is to learn more about IP. There are many IP learning resources. A good starting point is:

UK IP Office – IPEQUIP - an interactive set of basic modules that takes around 30 mins

Then move onto:

UK IP Office – IP Healthcheck – a fantastic set of more involved IP modules that will take about an hour each to digest.

4) Analyse - which IP rights might apply? Again, there are usually more than one:

patent for an invention – a functional solution to a technical problem
design right in a thing of beauty or a simple 3D design
copyright in a story or image
trademark in a brand

5) Reflect - what are you going to do with it?

how will you make it?
how will you sell it? Business to consumer (B2C) or business to business (B2B)?
is there a market for it?
do you have the skill, drive, and passion to do this?
how are you going to protect it?

6) Reflect again – is there an overlap between what you have created that might be protectable by IP Rights and what might be valuable in the market? In other words, what will sell. Because you want to protect what is going to make your idea sell, right?

If there is no market, or no overlap so no protection in the market at all, consider chalking it up to experience and moving on (copycats will get you)
There is a market, and some overlap, decide if it is worth it (copycats may get you)
There is a market and lots of overlap, decide how to protect it, look at costs, benefits and risks (copycats will find it hard to get you)

7) Action – now is the time to contact us or another qualified and regulated IP professional to check your groundwork and formulate your IP strategy.

Most qualified, regulated IP professionals like ourselves will offer a short introductory phone call at no charge. Indeed, we offer a discovery session of up to an hour. Use this time well; read up beforehand, ask questions and listen. Doing the thinking and learning in advance is incredibly helpful in making that discovery session a valuable step forward.

The costs of IP can be significant but IP is always created. Further protecting your IP by applying for registered IP Rights, such as a patent application, a registered design or a registered trade mark, demonstrates a serious commitment to a product or project. This is useful in gaining interest from third parties, investors, and funders.

Remember to keep potential inventions strictly confidential until you have filed a patent application or decided not to.

As always, the longest journey begins with a single step, or seven.

Posted under:: #IPStrategy; IP

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