“How do I protect my idea?”

"How do I protect my idea?": Start here

When people contact us for help with their IP we're often asked to "protect their idea".

With IP's prominence in the real world, it's understandable that people know these things can be protected.

The niché aspect of the law and the rights involved also mean, understandably, people aren't generally aware of how it's done.

(Case in point: trade marks and copyright are often mixed up in the media and general discussions around IP.)

IP is a specialist area, so we usually need to take people through a few steps to get them where they need to be.

The formula

The flow goes a little bit like this...

Let's go through this step by step with some examples.

Step 1: Defining your core idea

Every protection journey starts with clearly understanding your unique proposition.

This usually starts with an idea for a business, selling some product or service.

For the most part, the business operator has some experience in their area but sees a new or interesting way of doing things that they believe will be more appealing to customers or clients.

This is the kernel of the idea, specifically that unique difference from what's already out there that they have come up with.

Many people who contact us want to protect this, but the next two steps are important in understanding what it is exactly that should and can be protected.

Step 2: Identifying intellectual property present in the idea

So, we have a great new idea, and we're excited about the potential commercial appeal. How do we stop someone else from doing it?

The next step is to identify the idea in the form of its unique aspects in the form of intellectual property (IP).

Protecting each of these unique aspects, in combination, is what protects the overall "get up" and "look and feel" of your unique offering.

Consider:

• What are the unique or novel aspects of the idea?

• What is truly original about these aspects?

• What is already protected through unregistered rights?

• What can be protected with a registered right?

• How can a combination of intellectual property rights and contracts best protect the "whole" of the idea?

Click below to expand an example of a typical modern company.

Each business has a different set of intangible assets, and as such, has a different set of priorities when it comes to registration, monitoring and enforcement of their IP.

Working with intellectual property specialists will help you develop an IP strategy to address your priorities and align them with the growth of your company.

Step 3: Aligning with legal protections: Intellectual property rights (IPRs)

And now we reach the point where the rubber hits the road, so to speak.

The big question is which IPRs (registered and unregistered) can be applied to these unique aspects to protect them, and also what strategy would you deploy to make the most of these intangible assets.

Ultimately, a proactive approach to this will ensure that not only the unique aspects are protected, but the whole "get-up" of the business as the customer experiences it.

Let's look at our athletic apparel brand again to see which rights they need to seek to claim and enforce.

IP exists in both registered and unregistered forms:

Typically, unregistered rights offer less scope for enforcement compared to their registered counterparts.

Brand infringement can be protected by an unregistered right known as "passing off" - but this is much more limited in its scope of protection compared to a registered trade mark. In addition a passing off claim is typically more costly and long-winded.

Unregistered design rights protect fewer aspects of a design, as such, more intricate designs should be registered to increase the amount of design attributes which are protected. 

In the UK, copyright is an unregistered right, and there is no registered equivalent. Despite this, companies which rely on creative assets will need to be proactive in their monitoring and enforcement against infringement. 

Indeed, securing relevant registered rights is only the first step. You need to monitor and enforce those rights too to stop others from encroaching on your unique appeal. 

Need help identifying and securing the intellectual property in your business? Get in touch with our team of intellectual property specialists to find out how we can support your business.

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Step 4: Securing through contracts

Once IP has been identified, registered and a general strategy is in place for monitoring and enforcement, IP must also be secured in the form of contracts with key stakeholders within the business. Often this can be covered through standard IP clauses which are typically included in most contracts. However, for IP-rich businesses with key assets, certain provisions may need to be included 

Essential legal agreements include:

• Employment contracts with IP assignment clauses
• Non-disclosure agreements (NDAs) for partnerships
• Licensing agreements for manufacturers, agents and other stakeholders (e.g. suppliers)
• Freelancer contracts specifying IP ownership
• Franchise agreements

And more.

Crucially, when expertly drafted, IP contacts offer a strong degree of protection over assets, specifically setting terms of use, as well as consequences for breach of these conditions.