Protecting intellectual property

弁護士

Dear Mr. Mitchell,

A priori and subject - preferably - your prototype has not yet been disclosed to the public, you can get a whole arsenal of protections in the UK - the IP counsels of your countries can confirm - and beyond, subject of course to fulfill the legal requirements.

First your prototype can consist in a process or device capable of industrial application, new in absolute and manifesting an inventive step. Where appropriate, it would be a technical creation producing a technical effect, with or without the help of a particular software. A patent can thus be considered throughout the piece to protect its technical specifications, its operation and eventually its result. You can start by filing a patent application with the Intellectual Property Office ("IPO", Newport) and an international extension designating for example, the rest of Europe (European Patent), and North America, via a PCT patent application required under English priority in the year of the original filing, according to the results of the research report of the IPO.

The software in turn, may be protected by copyright in most European countries subject, in particular, its originality and the patent way in other countries (the USA for example).

The shape of the machine, its aesthetic appearance, its design, are "automatically" protected by the copyright law in the UK and many other countries, subject, in particular, its originality. However, some precautions can be taken in your country and the other Anglo-Saxon countries through a copyright filing, while protection by the copyright law will be admitted and recognized in other countries like France without administrative formalities.

The design may also be protected by a design patent or possibly a three-dimensional trademark via a filing, subject to gather the required legal conditions. English filing and / or community filing and / or international filing will be required.

If you want to limit your coverage in the UK, take direct contact with a British IP counsel (patent attorney, trademark attonrney, IP lawyer), those of Nexus IP are available.

If you plan directly a much broader protection - European patent, Community trademark and design patent ... - my team and I can assist you.

In practice, it would take us to be able to study and understand the content and form of your prototype to see how it looks and functions and it is actually protectable in whole or in part by a patent, a design patent, a copyright ... and for what cost ...

My team often works on medical devices and we are used to conduct large searches in prior art and patentability of previous studies on the subject.

If you need and without it commit you to anything, you can speak directly technical and aesthetic elements related to your prototype so that we can have a much clearer idea of what is possible consider and what financial conditions.

Hoping to have answered, at least in part, to your questions and expectations.

Sincerely yours,
Simon