Intellectual Property - Definitions
Types of Intellectual Property:
Copyright is an automatic and unregistered right in the way an idea is expressed (as opposed to rights in the idea itself), including literary, artistic creations and information in electronic form.
Copyright in Software Code is a recent extension of copywright protection that makes computer software code eligible for the same protection as literary matter.
Database Rights protects data or information which have been arranged in a systematic or methodical way and are available electronically or in paper form. These rights arise automatically in accordance with Copyright laws.
Designs Unregistered: protect the shape, appearance configuration of a marketable or potentially marketable product and arise in accordance with copyright law.
Designs Registered: Protects the same features but right is granted following examination.
Know How (e.g. recipe for Coca Cola) is the information, practical knowledge and skill required to achieve some practical end and includes trade secrets and background techniques e.g. mathematical formulae, software code or chemical structures. These rights arise automatically provided the know how is not disclosed.
Patent (e.g. Dyson) is a monopoly right which protects inventions for products or processes of a functional or technical nature. To obtain patent protection, the invention must be novel, involve an inventive step and be capable of industrial utility.
Plant Breeders’ Right legally protects new varieties of plants and is granted to the breeder upon application. (Prior authorisation is required before the variety can be used for commercial purposes). To qualify a variety must be:
- distinct
- uniform
- stable
- novel
Trade Marks e.g. Nike, Mars, Orange, Bluetooth and Aberystwyth University are all sucessful trade marks that denote the origin and quality of the products they relate to. Trade marks can arise automatically or can be registered with the Trade Marks Registry at the Patent Office.
Related definitions:
Due Diligence is the process of researching a claim such as whether a technology is patentable, or whether there is a market for that technology.
Invention Disclosure Form - Following an initial discussion with a member of the Technology Transfer team, inventors will be asked to complete an Invention Disclosure Form documenting relevant background information and providing the catalyst for the IP evaluation process.
Proof of Concept is the experimental data required to demonstrate that the idea can or could work in practice.
Public disclosure is the release of secret information to an organisation or person without a confidentiality agreement in place. The disclosure may be in writing (e.g. publications or posters) or verbal (e.g. presentation at an open meeting or even a discussion in the pub). Public disclosure is an essential part of an academic’s job and, provided any patent is filed before the public disclosure, publication is not mutually exclusive with patenting.