This was the last presentation in the workshop on the patents box. Although the patent box is a powerful incentive to apply for a patent there are other forms of IP. This closing presentation indicates how some of the alternatives may be more appropriate for many businesses. It finishes with some tips on formulating an IP strategy.
2. Patents are not the only IP
Copyrights for literary works including computer
programs and databases.
Unregistered design rights for shape or configuration
of articles or parts of articles including
semiconductor topographies.
Registered designs or Community designs for the
appearance of new products.
Obligations of confidence for secret technical or
commercial information.
Plant breeders’ rights for new plant varieties.
3. Patents are not for every
Business
Most patents are never worked
Of those patents that are worked very few cover their
costs and even fewer make serious money for their
owners.
Patents cannot easily protect many new
technologies such as methods of doing
business, software implemented inventions and new
services.
Once a patent is published the invention is in the
public domain even if the patent is not granted or
revoked
4. Patents are not for every
Business
Many new inventions are quickly rendered obsolete
by new technical or scientific advances.
Patents cannot be enforced outside the territories for
which they are granted.
Patents are expensive to enforce, particularly in
common law countries like the UK, USA, India, Hong
Kong, Canada and Australia.
5. Devising an IP strategy
Identify the probable income streams for your
business during your business planning period.
Consider possible threats to those income streams
(most of which are likely to be commercial or
technical rather than legal),
Devise counter-measures to those threats which are
more likely to be commercial or technical than legal.
If you legal protection consider all the alternatives.
Take out insurance or otherwise make provision for
the enforcement of your rights.