Protection plan

New products can often be protected by a variety of intellectual property rights, and ensuring that your innovation is adequately protected will help guarantee a return on investment.

Depending on the nature of the product, it can be protected by patents, design rights, copyright and trademarks. In addition to these specific rights, well-drafted employment and confidentiality agreements will further ensure their correct ownership and protection.

Patent protection is available for inventions that are new, involve an inventive step and are capable of industrial application. A granted patent gives monopoly protection to the patent owner over the invention for 20 years, provided it is renewed annually after the fifth year.

But beyond that there are numerous other methods of safeguarding your innovation.

UK unregistered design right, for example, offers unregistered protection against copying and can also be used to protect original 'designs'. This can apply to any aspect of the shape or configuration of the whole or part of an article, but not methods of construction, 'must-fit' or 'must-match' features or surface decoration. It prevents copying of the design for up to 15 years.

European unregistered design rights prevent copying of new designs with individual character — except where the design is dictated solely by its technical function — for three years.

UK and European registered design protection is also available for all new designs with individual character, except where the design is dictated solely by its technical function. The protection given by a registered design can last up to 25 years, provided it is renewed every five years. There is no need to show copying.

If the new product is to be sold under a particular name, logo or mark then it is a good idea to seek registered trademark protection before the product goes on the market. This protects signs capable of distinguishing goods or services of one trader from those of another. The sign to be protected must be capable of being represented graphically — words, logos and symbols for example. The monopoly given to the owner of a registered trademark is indefinite, provided it is renewed every 10 years.