Patents Director at Murgitroyd, Peter Wilson, discusses the importance of good communications when it comes to protecting your intellectual property.
Having worked with tech based SMEs and universities in Yorkshire and the North East for the last 18 years I’ve built up a wealth of experience in how to get the best for my client and to know when they are on to a winning idea. This almost always stems from a conversation.
At Murgitroyd, we all follow a similar mantra with our clients in that we get to know their business and products through regular meetings. With over 25 years’ experience in industry and private practice I can offer a commercially realistic and proactive approach to their needs. I have invention harvests with my clients where we talk through all projects and ideas they have, no matter how well thought out they are at the time as is often the case some of the best ideas start life as a drawing on the back of an envelope.
Once we have the ideas on the table we discuss how to protect their IP, as the type of protection should fit with how the business works and most importantly, fit their budget. Applying for a patent can be expensive and can take time. Options may include patents, trademarks or taking the decision to publish in the public domain or protect it by keeping it secret. All of which we review in light of the client’s business strategy and budget.
For something to be patent protected it must be new and it’s down to you to confirm that it is a new idea before filing. Undertaking such research may leave some SMEs at a disadvantage if they haven’t yet engaged in an attorney as large organisations will often have access to a research department who can conduct searches. This means that SMEs may need to spend time trawling through the internet and archives to check if a patent can be applied for. If you get this far and you can confirm your idea is new and you have the budget you may want to look at a patent and most certainly open up a discussion with an attorney.
When you have a great idea, you most likely will want to enlist a partner or talk your idea through with someone who may not be within your organisation, but without a patent first being filed, or some strong confidentiality papers being signed, you could be putting your asset at risk. There really is limited exception if you disclose in the public domain something you later patent. Which is why I often find that there is a sense of urgency to patent. There was one case where a client realised they were talking at a conference but had yet to file a patent on the subject so a colleague and I worked quickly over a weekend filing six separate patent applications of which three were granted. Though this was a success, it would have been better to have been involved earlier.
For example, at the end of last year, a colleague of mine, through an informal chat discovered his client was developing a new footwear product and had not considered any patent on the project. Recognising the potential a patent was quickly filed which led to them receiving global recognition and a new patent to their portfolio. Which goes to show you don’t always know what you’ve got until you talk it through and get expert advice.
