Intellectual property (IP) often represents a business’s most valuable asset. Whether you’ve developed an innovative technology, established a recognisable brand, or creating content, understanding how to protect these intangible assets is crucial for success. This guide breaks down UK intellectual property law into understandable sections for business owners and content creators who want to safeguard their creations without a legal background.
Understanding the Basics of UK IP Law
Intellectual property refers to creations of the mind that have commercial value. UK IP law covers distinct types of protection, each designed for different intellectual assets:
- Patents mainly protect things and their workings.
- Trademarks help in protecting brands, names, and distinctive signs.
- Copyright safeguards creative work.
- Designs protect the illustrations of products.
According to the English Law, each protection type serves a unique purpose and follows different registration processes, costs, and duration periods. Let’s explore each one in detail.
Patents
A patent gives exclusive rights to an invention by granting you a legal monopoly for a limited period. In the UK, patents protect new and inventive industrial applications, products or processes. It means your invention must have the following characteristics:
- Your product must not have been publicly launched anywhere in the world.
- It should not be a modification of any existing technology.
- It must be made or used in some industry.
Patents don’t cover literary works, business methods, mathematical methods, or scientific theories. Only software with “technical” effects can be patented, whereas normal computer operations are not eligible for patents.
How to Apply for a Patent?
Getting a patent is generally a difficult and lengthy process. You can apply for a patent by following these steps:
- Create detailed documentation describing your invention.
- Submit your application to the UK Intellectual Property Office (IPO).
- The IPO will examine the eligibility of your invention for a patent.
- Your application is published after around 18 months of filing.
- Then, it has to pass a thorough review of patentability by the IPO.
- Your patent is granted if your inventions and applications meet all criteria.
The entire process typically takes 3-4 years from application to grant.
Price
Patent protection requires significant cost.
Once granted, patents must be renewed annually after the fifth year.
UK Law Specifics for Patents
UK patents last up to 20 years from the application date, provided all renewal fees are paid. A granted UK patent only protects within the UK and the Isle of Man. After Brexit, European Patent Office patents still provide UK protection, as the EPO is independent of the EU.
Trademarks
Trademarks protect your company signatures that distinguish your products or services from others, which include:
- Words
- Names
- Logos
- Images
- Colours and their specific combinations
- Sounds
- 3D shapes
A trademark gives you the exclusive right to use your mark on particular goods and services and act against infringers.
Procedure
Registering a trademark is relatively straightforward:
- Search the trademark register to ensure your mark is unique and available.
- Submit your application specifying the class of goods or services for which you seek protection.
- The IPO examines your application to ensure compliance with legal requirements.
- Your application is published for others to see and potentially oppose.
- Your trademark will be registered if no opposition is filed against your application or all oppositions are successfully resolved.
An application without objection or opposition typically takes 4-6 months for trademark approval.
Price
Trademark registrations typically cost:
- £170 for one class of goods/services online and £200 for a paper application.
- £50 for each additional class.
- Additional legal fees for your legal advisors.
Trademarks must be renewed every 10 years.
UK Law Specifics
UK trademark law offers protection only within the United Kingdom. After Brexit, EU trademarks no longer cover the UK, though existing EU trademarks were automatically converted into UK trademarks.
UK trademark law also has the “use it or lose it” principle, which will make your trademark vulnerable to cancellation if you don’t use it for five consecutive years.
Copyright
Copyright protects original literary, dramatic, musical, and artistic works, including computer programs, databases, films, and recordings. Unlike other IP rights, copyright does not need registration; it arises automatically as you create something.
Procedure
As copyright is automatic, the UK has no formal registration requirement or procedure. Although, you can follow these practices:
- Mark your work with the © symbol with your name and year of creation.
- Keep dated records of your creative process.
- Consider depositing copies with a solicitor or using a copyright witness service.
There are no official fees for copyright protection, as there’s no registration process.
UK Law Specifics
In UK Law, copyright duration varies by type of work:
- Copyrights of literary, dramatic, musical, or artistic works are valid for the life of the creator plus 70 years
- Sound recordings stay copyrighted for 70 years from first publication.
- Film copyrights are valid for 70 years from the death of the director, screenwriter, and composer.
- Broadcast copyrights have lasted 50 years since the broadcast.
- The published edition’s copyrights are valid for 25 years from the first publication.
Copyright is enforceable through civil proceedings, with remedies including injunctions, damages, and accounts of profits.
Designs: Protecting Product Appearance
Design rights protect the ownership of a product’s visual appearance, including its shape, configuration, pattern, or ornament. The UK offers both registered and unregistered design protection.
Procedure
To register designs, you need to follow this procedure:
- Create clear visual representations of your design.
- Submit your application to the IPO with illustrations.
- The IPO checks your application for legal eligibility.
- With your application approval, your design is registered and published.
Pricing
Registering a design will carry a cost.
Design ownership must be renewed every five years till 25 years, with fees increasing each time.
UK Law Specifics
UK design law offers two types of protection:
- Registered designs will last up to 25 years (renewable every 5 years) with stronger protection
- The unregistered design will have automatic protection for up to 15 years but only against direct copying.
Post-Brexit, the UK introduced the Supplementary Unregistered Design to replace EU unregistered design rights.
International Patent Protection from the UK
If you want protection beyond the UK, you have several options:
- Individual country applications: File separate applications in each country
- Patent Cooperation Treaty (PCT): File one international application covering 150+ countries
- European Patent Convention: File a single application covering 38 European countries
The PCT route is particularly popular as it allows you to delay expensive national filings for up to 30 months while assessing commercial viability.
UK Regulatory Bodies for IP Management
Several organisations oversee intellectual property in the UK:
Intellectual Property Office (IPO):
This official UK government body is responsible for intellectual property rights, including examining and granting patents, trademarks, and designs.
Copyright Tribunal
This tribunal resolves commercial licensing disputes related to copyright.
Intellectual Property Enterprise Court (IPEC)
A specialised court built to handle IP disputes with streamlined procedures and caps on recoverable costs.
Courts
The High Court, Court of Appeal, and Supreme Court UK handle complex IP cases.
Conclusion
Protecting your intellectual property is a legal consideration and a crucial business strategy. Whether you’re safeguarding your brand with trademarks, inventions with patents, designs with registered protection, or creative works with copyright, understanding the fundamentals of UK IP law can help you make informed decisions about your most valuable business assets.
Consult with IP solicitors for specific situations that could significantly impact your business.