Our new Trade Mark UK microsite

Posted on December 29, 2011 by Tim Bishop

As regular readers of my legal blog and business blog will have noted, we’re keen on dedicated microsites. So we’re pleased to welcome to our stable of microsites [60 when I last checked!] A dedicated trademark site – Trade Mark UK – which joins our existing Intellectual Property Lawyer and Copyright Lawyers sites. The site promotes both the work done by our own IP Solicitors and by the UK trademark attorney Jon Mears at trade mark firm Mears Morgan, whose work is featured on the site.

This new site is packed not only with information about UK trade marks, but also contains information about registration of EU and overseas marks – search really relevant for those UK businesses wanting to export or franchise or licence any branded products or services overseas. The site is come printed and covers a wide variety of issues, including;

o Trade marks – what are they?

o What are generic trademarks?

o How long can I expect it to take to register trademarks?

o Registering a trademark in the United Kingdom, EU or overseas – how much is it likely to cost?

o UK trademarks – what can I register?

o What can I do in case of trade mark infringement

o Practical tips on using the ® and TM™ signs

o The help you can expect from the specialist UK trademark attorney

o How our trademark registration services can help your business

So if you are interested in finding out more about how important trade marks can be to your business and about how our specialist team can help you with city quality trade mark and other intellectual property advice at local prices, why not visit our latest microsite or alternatively they can touch with us today on [01722] 422300.

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UK Intellectual Property Office launches online inspection service

Posted on December 17, 2011 by Tim Bishop

Every little helps – or so, they say. The UK Intellectual Property Office has now launched a free online patent system which is estimated could save British business up to £100k every year. Previously, to request any paper documentation, a £5 fee was involved – and, worst of all, by the time the document had actually been delivered, it could be out of date. The new system, named Ipsum, not only removes the fee but better still provides instant access to any paper documents at the click of a button.

This new online service is open to anyone – and will particularly benefit patent attorneys and those businesses which are researching patent issues or looking to protect their clients’ intellectual property rights. Amongst the available information will be data on why any particular patent was rejected, or granted.

 

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Small Claims Service for the Patents County Court

Posted on December 9, 2011 by Tim Bishop

Hurrah! Good news for those businesses who haven’t been able to afford IP litigation to enforce their rights. The Government confirmed recently that the Patent County Court is introducing a small claims service. About time too! The new process will continue with the Patents County Court limit on fixed costs and will allow damages of up to £5,000 per case. Hopefully, small and medium sized businesses which rely on their intellectual property will now be able to enforce their intellectual property rights without being put off by ridiculously high fees in the High Court. The government aims to have it in place by this time next year.

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Research and development tax credits

Posted on December 3, 2011 by Tim Bishop

The government are proposing to significantly encourage further research and development by companies in the UK – by using a series of existing and proposed tax breaks. In particular, they are targeting the SME – small and medium-sized business – market.

Tax credits for research and development [R&D] for SMEs will involve two main constituent parts – R&D tax credits for companies not in profit, along with increased deductions for R&D spending out of current revenue.

Proposals to increase tax relief in relation to R&D will increase from 100% to 200% in relation to expenditure which is incurred on or subsequent to April 1, 2011 – and the government has indicated an intention to further increase the limit with effect from April 2012.

But the tax credit don’t apply to everyone. In particular, the most important qualifying criteria include

o R&B tax credits are not available to individuals or a partnership – just companies

o To qualify for relief R&D spending must be at least £10,000 pa – though it’s expected that this particular restriction will be scrapped with effect from 2012

o Such spending cannot be incurred by a contractor

o Expenditure for which the tax and the credit applies cannot have been paid for by another person

It’s certainly a good sign that the government is, at long last, taking the real value of intellectual property seriously – it is estimated that these changes in tax relief could benefit British business by around £60m every year.

If you think that these proposed changes could affect your business, make sure you speak to a specialist in R&D tax credits – if you’re not sure your current accountant has sufficient expertise in this area (and very few do), give us a ring on 01722 422300, and our intellectual property solicitors will be happy to recommend an accountant specialising in the field of R&D.

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Intellectual property and pension scheme deficits

Posted on November 24, 2011 by Tim Bishop

I just read a really interesting article in the Solicitors Journal dated October 25, 2011. It seems to prove that, yet again, necessity is the mother of invention. Apparently with the massive deficits currently suffered by many British pension funds, some innovative businesses are seeking to transfer their intellectual property rights to help shore up gaps in their stricken pension funds.

How does it work – it appears that businesses are transferring their intellectual property to a partnership or into what is referred to as a “special purpose vehicle” [SPV]. These intellectual property assets are then often used to generate royalty income over a typical 10 – 15 year period to the pension fund.

Amongst the many advantages of this scheme are the increased level of security for pension scheme trustees, not to mention the immediate reduction in the pension fund deficit and regular medium-term cash injection into the pension funds in question.

Amongst the businesses to have already taken advantage of this innovative approach are Redditch based engineering business, GKN, who have pledged royalty income from some of their trade marks to fill the hole in their pension scheme. Similarly in May 2011, the tour operator TUI, came to an agreement with the trustees of its pension schemes, to use the IP in their First Choice and Thompson brands in a similar manner.

Given the enormous pension fund deficits suffered by many British businesses, it will be interesting to see who follows suit.

Posted in Commercial Intellectual Property, Intellectual Property, Trademarks | Comments Off

New US patent law gets closer

Posted on September 23, 2011 by Tim Bishop

Although for years the US has prided itself on being the world’s most vibrant economy, it has equally spent years procrastinating about improving its patent system – however on September 6, a major step towards patent law reform finally took place – when the America Invents Law passed the biggest hurdle in the Senate. It now seems likely that the new bill, backed by the President, will shortly be signed into law.

The America Invents Act introduces radical change to the US patent system. But it’s not without its critics. Among the proposed changes to protecting US intellectual property rights are the following;

Perhaps the biggest change is that, in future, patents will be granted to the “first to file“ rather than the “first to invent”, which is the basis of current US patent policy. This change is not without controversy – with those intellectual property lawyers opposed to this change arguing that it would give a significant advantage to large companies, with the ability to apply for patents with relative ease, over small businesses or individual inventors. There is a particular fear that the introduction of “first to file” could result in patents being applied for before the invention they are planning to protect is properly developed

The bill does, however, introduce new ways of challenging existing patents – which in future will require a court application but instead will be dealt with at the US Patent and Trademark Office instead – which it is hoped will provide both a swifter and cheaper way of challenging patent infringement.

Unfortunately one thing the bill does not tackle is funding – without more resources, it seems likely that the current massive one year backlog of outstanding patent applications will remain – surely a missed opportunity for a country so determined to claw its way out of recession.

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Your software – who owns the copyright?

Posted on September 17, 2011 by Tim Bishop

Is original software a critical part of your business? If so you should take particular care if using freelance or independent computer programmers to produce your code. Why? Because if you’re not careful, you may be unable to fully exploit the code if the programmer doesn’t cooperate or worse still you could find yourself in breach of the programmer’s own copyright, finding yourself on the receiving end of a copyright infringement action – for software you commissioned and paid for! But how could this happen?

It shouldn’t be a problem if the code was programmed by an employee in the course of his employment by you -in that case you own the code. But if you use a freelance or independent contractor, it’s essential that to you use a well drafted agreement, signed by the programmer, in which there is a clear transfer of all relevant rights to you. It’s amazing how many people miss this simple, and often very inexpensive step – if you think it applies to you, get in touch with our intellectual property solicitors today.

For more information about how to make the most of your copyright, please visit our our dedicated copyright lawyers microsite

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60 watt light bulb – farewell

Posted on September 6, 2011 by Tim Bishop

Well – goodbye to the 60 watt lightbulb. Okay, it’s a newsworthy item but what has it got to do with our intellectual property lawyer blog. Simple, really. For years, the good old lightbulb has been pictorial shorthand for a good idea – just look at any article online or in print about intellectual property and you’ll be amazed by the number of light bulbs used to make the point – the theory, I presume is that the lightbulb is akin to intellectual property in the sense that intellectual property often springs from a “eureka” moment – like a light bulb turning on.

Well, you might say let’s use the LED shorthand for intellectual property . Instead. Fine, but have you actually looked closely at a LED light bulb or at pictures of them. For example, does this image remind you of innovation?

I rest my case. Perhaps we need some bright spark to come up with an alternative replacement for the light bulb – at least as far as intellectual property goes.

PS yes I know the logo for both our Intellectual Property Lawyer and Copyright Lawyers websites both include a drawing of the lightbulb as part of the Logo – do I plan to replace them immediately with energy from the alternatives? No. Frankly, I’ve got better things to do, like writing this blog instead !

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Patent box consultation closes

Posted on September 5, 2011 by Tim Bishop

Well, the date has now passed for comments on the proposals by the UK Government to change the Corporation tax rate on profits from any profits which come out of any European or UK patent. The proposals for replacing the normal 26% rate of corporation tax with a much lower 10% figure on these to the UK intellectual property rights will, if the original proposals stand, be gradually introduced over a five-year period – with the 60% of the planned reduction applying in year 1, leading to the final 10% year being introduced in year 5.

The plan of the so-called “Patent Box” [http://www.hm-treasury.gov.uk/consult_patent_box_stage2.htm ] is of course to stimulate British productivity and reward those trying to exploit these particular intellectual property rights – or as the appraisal document states “ to re-establish the UK as a top location of choice for innovative industries” . However it’s noticeable that the plans don’t include any similar tax cutting for profits arising out of any other UK intellectual property – in particular UK copyright or trademarks. However, it’s possible, if the scheme is a success, that other national patents could be included in future. The system proposals also only apply to patents that have actually been drafted.

For more information on how to exploit the intellectual property rights owned by your business, contact an intellectual property lawyer from our team on 01722 422300 – for city quality intellectual property advice at local prices.

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US Patents– hope on the horizon

Posted on September 4, 2011 by Tim Bishop

America still has an unbelievably huge backlog of patent applications – more than 1,000,000 – with a waiting time of up to 3 years.

But there is hope on the horizon for those wanting sensible protection of their intellectual property rights. The American Invents Act is poised to introduce what could be the most significant reform to the whole of the patent system in US for over 175 years. And the good news is that despite the deadlock between Republicans and Democrats in the Congress over numerous economic issues, this bill looks likely to be passed in the autumn. The bill is likely to see a move towards harmonization of the American patent rules with those of other countries. However, some oppose the Act – arguing it will force patents to be filed prematurely for inventions before they have been properly developed.

However in the meantime, the American technology companies are buying up ever larger collections of patrons – see my last blog on “snapping up those patents“. This however is not without its risk – Google, for example, was on the receiving end of 8 IP litigation suits in April 2011 alone – remarkably more in that one month than in the 1st 5 years of its existence! Still that should keep patent solicitors busy.

Posted in Intellectual Property, Intellectual Property Litigation, Patent Law | Leave a comment