Resources for Inventors and other Startups in Northwest Wales

Author Morwen
Licence Creative Commons Attribution-Share Alike 3.0 unported
Source Wikipedia 

Jane Lambert

The area coloured bright green on the map may not be the everybody's first choice for setting up a new business but it has a lot going for it:

1. It is a very pleasant place in which to live.  I have travelled the world but never have I found a more attractive combination of coastal, mountain and pastoral scenery than in the Lleyn Peninsula. 
2. It is close to four major conurbations, namely Greater Manchester, Merseyside, South and West  Yorkshire and Dubiln. 
3. It is part of the Northern Powerhouse and on the freight routes between Dublin and London and Dublin and the ports on the Humber.
4. It has a fine research university at Bangor which has developed the Menai Science Park in Anglesey (see M-SParc - Anglesey's Science Park 29 Aug 2018  NIPC News) and the Pontio Centre with its FabLab (see The Pontio Centre: A Resource for Inventors, Designers and Makers in North Wales 14 Dec 2018).

Unlike England, there are no local enterprise partnerships in Wales.  Instead, Business Wales offers the same sort of advice and support that used to be provided in England by Business Link under the strategic oversight of the Welsh government.  There are therefore no Business and IP Libraries though Llandudno junction was once part of the PatLib network (see A New Patlib has opened at Llandudno Junction North Wales 15 April 2011 Patlib UK).  The nearest English Business and IP Centre is at Liverpool Central Library. 

As there are no Business and IP Centres in Wales Liverpool Central Library hosts the nearest CIPA patent clinic. Advice on contracts, copyrights and trade marks is also available through specialist clinics at the library.  The only IP clinic in Wales takes place at the Intellectual Property Office in Newport.  A search of the CIPA and CITMA databases suggests that all the patent and trade mark attorneys in Wales practise in the south and mainly in and around Cardiff.

Business funding in Wales is offered by the National Development Bank of Wales which trades under the Banc trade mark.  The Bank has four offices in Wales the nearest being at St Asaph and Wrexham.  According to the "About Us" page of its website, it offers both loan and equity finance.  A list of the funds it manages also appears on its website,   There is also a business angel network known as Angels Invest Wales 

Anyone wishing to discuss this article or any matter arising from it should call me on 020 7404 5252 during office hours or send me a message through my contact page.

Joy

(c) 20th Century Fox, All rights reserved, Standard YouTube licence


Yesterday I saw Joy at the National Media Museum. I am not setting myself up as a cinema critic but I thoroughly enjoyed that film.  I would recommend it to anyone but particularly to the inventors who come to my or other peoples' patent clinics or attend meetings of their local inventors' clubs. Loosely based on the life story of Joy Magnano it charts the struggle of a young woman inventor to invent, design, develop and market a highly absorbent self-wringing mop with a detachable head.

The film has some valuable lessons which apply on this side of the Atlantic at least as much as they do on the other:

1. Take specialist professional advice from the very start. The fictional Joy got into trouble because she was advised by a non-specialist lawyer to pay royalties to, and source components from, a company that claimed to be the licensee of a Hong Kong inventor who had anticipated Joy's invention. In fact, the Hong Kong inventor had done nothing of the kind. She found that her supplier had taken money from her under false pretences. Had she consulted a patent attorney or specialist lawyer she would have learned that there was no prior patent. It would probably never have occurred to her to deal with the rogue at all and she would certainly not have paid him any royalties.
2. Get the right management team.  Joy relied on her feckless father and his wealthy girlfriend to assist her in the management of the business. Neither of them knew as much about business as they claimed. Their advice was not just wrong but dangerous at times. Worse, Joy's father sent his daughter from another marriage who had no commitment to the project and resented her half-sister's success to negotiate with the fraudulent supplier. The half sister agreed to pay the supplier more than the product's retail price thereby jeopardizing the whole business. The only members of Joy's family who were of any use to her were her grandmother and ex-husband. The best advice she received was from the boss of the shopping channel that launched her product.
3. Plot a clear route to market before launching into production.  Joy ordered several thousand dollars worth of components and engaged a number of Spanish speaking ladies to assemble her mops before she knew how and where she could sell them. She tried local hardware shops. The shopkeepers were not interested because she could not pay them to display her mops in their shop windows. She approached established mop manufacturers. They were the last people to be interested in a mop that would rarely need to be replaced.  She even tried to flog them in the car park of a local supermarket to the store's customers. Not surprisingly the store management objected and called on the police to move her on.  Joy's break came when her ex-husband introduced her to a friend who ran a shopping channel. Even then there were several false starts. The presenter who tried to sell the product muffed his sales pitch and Joy nearly froze when she made her début in front of the cameras. However, after that the orders started to roll in though Joy's troubles were far from over at that stage.
4. Believe in yourself and rely on your own judgment.  In the film Joy had been a star pupil at secondary school but she never went to university because she had to look after her parents after their divorce.  Neither parent deserved that sacrifice. Her mother spent her day in bed watching television and her father embarrassed her at her wedding reception. That did not stop either parent or indeed the rest of her family and outsiders from putting her down. Only her grandmother believed in her and she died before Joy had established her business.  There were several moments when all seemed to be lost and her family tried to persuade her to give up the enterprise but she held her nerve. Eventually she discovered that she had been cheated.  She travelled to Texas to confront the individual who had defrauded her and forced him to reassign her intellectual property in the invention and pay her compensation.
5. Be ready to take the next step.   The real Joy Magnano has a whole suite of products which are offered for sale on the shopping page of her website.  The mop proved to be spectacularly successful but that was exceptional.  The best that can be expected of most inventions is to provide a temporary competitive advantage.  It rarely takes long for a competitor to catch up with a new product or business idea.  If you are to stay ahead you have to take yet another step.  The last scene of the film showed Joy as a successful business woman mentoring a young female inventor from Arkansas. In real life she runs several businesses including a shopping channel and a body known as the Joy Magnano Foundation.

According to the History vs Hollywood website the film is not an entirely accurate record of Joy Magnano's life.  The real Joy never had a half sister, she graduated from Pace University with a business degree, she had three children and not two. Nevertheless, there is a lot of the film that is true and certainly the lessons that I listed above are founded on fact.

So where do British inventors get help?  

In the UK unlike America there is a separate profession of patent attorneys (also known as patent agents) who are regulated by IPReg (the IP Regulation Board). IPReg keeps searchable registers of patent and trade mark attorneys. Patent attorneys can help you with searches, drafting and filing patent specifications and correspondence with the UK and other intellectual property offices. Some attorneys are qualified to conduct litigation or appear as advocates in the Patents Court or Intellectual Property Enterprise Court.

If a patent attorney needs advice on a difficult point of law, some tricky drafting or representation before a hearing officer or a judge he or she may consult patent counsel (a barrister specializing in intellectual property law).  To find out how our profession can help inventors, read my article IP Services from Barristers 6 April 2013. Most specialist barristers belong to the Intellectual Property Bar Association and many of us accept instructions directly from the public.

If you are in a complex commercial transaction or litigation involving intellectual property you may need to see a solicitor but make sure that he or she is an expert in IP.  Most firms with expertise in IP belong to the IP Lawyers Association.

Before instructing a patent attorney or lawyer you can get up to 30 minutes of an attorney or lawyer's time free of charge at a patent clinic. I run one at Barnsley on the second Tuesday of every month between 10:00 and 12:00. There are others run by the Chartered Institute of Patent Attorneys at Aberdeen, Birmingham, Leeds, Liverpool, London, Manchester, Newcastle, Newport, Peterborough, Plymouth, Portsmouth, Sheffield and Southampton.

There are also lots of talks and workshops on business planning, licensing, marketing, patenting and other topics at the Business and IP Centre of the British Library at St Pancras and the Business and IP Centres of the Birmingham, Leeds, Liverpool, Manchester, Newcastle and Sheffield Central Libraries. They will also put you in touch with reliable experts in the areas in which you need advice.

You will also find a massive accumulation of useful information in this and my other blogs.  If you can't find what you are looking for call me on 020 7404 5252 during office hours or message me through my my contact form. 

Finally, I wish you the best of luck with your venture and a happy New Year.

Alternatives to Invention Promotion Companies

The other day I was asked for my opinion on an invention promotion company. It was not one that I had ever dealt with so I could not answer the enquiry directly but I referred the inventor to the advice that the US Patent and Trademark Office and our own Intellectual Property Office had given on invention promotion companies generally. 

The inventor thanked me for my reply and added:

"My family and friends have given me very positive feedback on my invention but how else do I check if my invention is good ?
What should I do next ?
Where can I find trustworthy contacts ?"

I replied:

"First do some market research. You can get some help with that at the Business and IP Centre of the British Library.
Next you should decide whether to exploit your invention directly by setting up in business to produce and sell it or licensing it out to someone else.
If you decide to license it out you will need to show your licensee how it will make money from the invention which means that you have to do much the same work as you would if you were making and selling it yourself. If you do get it out you will get a licence fee which will typically be a small percentage of the sale price.
I can advise you on the legal issues but not on the financial ones.
I wish you all the best with your invention."

The British Library and its associated libraries in Birmingham, Leeds, Liverpool, Manchester, Newcastle and Sheffield have massive resources on market research, business planning and everything else an inventor would need to know to set up in business. If he or she is not clear how to use those resources there are courses from the library staff and its partners.

I also advise the inventor to join an inventors' club if one is nearby. There he or she will meet product development consultants, patent attorneys, business advisers and other professionals who assist individual inventors and, most importantly, other inventors who can share their experience with him or her. I have listed some of the inventors clubs that I know about in the side panel to this blog. The Wessex Round Table of Inventors has a much longer list. I am sure that there will be lots of trustworthy and knowledgeable contacts at any of those associations.

In my email I made clear that I am a lawyer and not a business adviser. Here are some of the things I can do for inventors.

1. Tailoring a non-disclosure agreement to the inventor's needs or reviewing or advising the inventor on somebody else's.
2. Advising the inventor on the optimum intellectual property protection for his or her invention and if that includes patents helping him or her find and instruct patent attorneys in this country and abroad who can apply for them.  As I do not prosecute patent, design or trade mark applications I have no interest in selling the inventor a service though I must stress that every patent attorney I know would try to advise objectively too.
3. Representing the inventor at a hearing in the Intellectual Property Office if the examiner challenges his or her application.
4, Helping the inventor negotiate and draft agreements with collaborators, investors and consultants.
5. Drawing up terms and conditions, manufacturing and distribution agreements if the inventor wishes to make and sell the invention him or herself or licences if he or she doesn't and just about any other agreement the inventor may need.
6. Helping to keep the inventor out of trouble with third parties and resolving difficulties if any arise.

There was a time when barristers could be approached only through solicitors or patent or trade mark attorneys but that rule changed over 10 years ago, Now we can do more or less anything that a solicitor can do and as we don't have offices to maintain our services are often cheaper. You can find out more about instructing us in IP Services from Barristers 6 Apr 2013.

Should anyone wish to discuss this article, invention promotion companies or help to inventors in general they should contact me through my message form or call me on 020 7404 5252 during office hours.

Forthcoming Seminars

Date	Title	Venue
26 Sept 2014 14:00 – 17:00	Making Sure you make Money from your Brands and Ideas and not other People Workshop and clinic with speakers from 4-5 Gray’s Inn Square, Loven IP and the Intellectual Property Office CPD BSB and SRA	Grantham College, Stonebridge Road, Grantham, NG31 9AP
29 Sept 2014 16:00 – 18:00	Intellectual Property Ac 2014 – What it means to you and your clients In-depth seminar led by Jane Lambert, CPD BSB and SRA	QualitySolicitors Jackson & Canter, 88 Church Street, Liverpool, L1 3AY
15 Oct 2014 18:00 – 19:45	The Intellectual Property Act 2014 - What it means for you and your clients In-depth seminar led by Jane Lambert, CPD BSB and SRA	Business and IP Centre. Central Library, Calverley Street, LS1 3AB

Patent Box Roadshows

The patent box is a valuable tax concession to encourage invention in the UK. It came into force on 1 April 2013 and we are holding a series of workshops on the new incentive with our good friends at BDO and Jackson & Canter.

The first of those events took place in Liverpool on 29 April 2013 and you can download the presentations that were given at that workshop from "The Patent Box Workshop: Liverpool Inventors Club" 3 May 2013 IP Northwest.

The next event will be at Leeds Central Library on 8 May 2013 at 18:00 where the main speaker will be BDO tax partner Dan Brookes (see "Leeds Inventors Group: Patent Box and R & D Credits" 4 May 2013 IP Yorkshire).

Further events are planned for London at the Liverpool Embassy in the Royal Mint on 12 July 2013 and others are planned for Manchester and other parts of the country. If you want to attend any of those events  please call me on +44 020 7404 5252 or send me an an email through my contact page. You can also follow me on Facebook,Linkedin, twitter or Xing,

Enterprise and Libraries: a New National Network of Business & IP Support

The Business and IP Centre of the British Library has offered advice and information to entrepreneurs and inventors in London and Home Counties since 2006. In addition to the publications and databases that would be expected of a library, the Centre offers business planning, intellectual property, market research and networking services which it delivers through clinics, seminars, workshops and on-line.   On-line services include the Centre's newsletter and the British Library UK Entrepreneur Network on Linkedin. Some of those services are offered by British Library staff and others by the Centre's partners.   

In my article "Local Enterprise Partnerships begin to take Shape" 21 Oct 2010 I wrote:

"One of the first casualties of the abolition of the RDAs are likely to be local and regional Business Link services. In an interview with Jason Hesse on the Real Business website, Mark Prisk, the Business Minister, announced:

'We’re going to wind down the Regional Development Agencies, and as part of those, we’ll be winding down the regional Business Link contracts.'  

These will be replaced by a state funded on-line service - presumably the existing Business Link website possibly under the Solutions for Business brand - and greater use of existing service providers such as chambers of commerce and local authorities. The proposal for a new business information service to be provided by thee British Library, NESTA, Newcastle City Council and Northumbria University is probably something like the model Mr. Prisk had in mind (see "Mark Prisk announces new business advisory service" on theReal Business website)."

The Business and IP Centre for Newcastle was subsequently launched and I blogged about it in "BIPC Newcastle"  on 21 Jan 2012.

In “Digital Opportunity A Review of Intellectual Property and Growth” Prof. Hargreaves recommended:

"9.     Small firm access to IP advice. The IPO should draw up plans to improve accessibility of the IP system to smaller companies who will benefit from it. This should involve access to lower cost providers of integrated IP legal and commercial advice."

The IPO drew up those plans in From ideas to growth: Helping SMEs get value from their intellectual property which I blogged in "IPO's Plan to support SME" on 31 May 2012.   One of the IPO's suggestions was "extending the model used at the Business and IP Centre in London to six regional patent libraries."

By a press release dated 19 Nov 2013 the British Library announced that it had signed an agreement with the Intellectual Property Office and six major UK city libraries  to establish a national network of services for small businesses and entrepreneurs across the country, modelled on the services offered by the British Library’s Business & IP Centre.  The six participating libraries are Birmingham, Leeds, Liverpool, Manchester, Newcastle and Sheffield City Libraries four of which host inventors groups that I have helped to set up.

On 11 Feb 2013 Penny Mordaunt MP sponsored a reception at Portcullis House to launch this network to be known as Enterprise and Libraries: A new national network of business & IP support.  The event included speeches from staff of the British Library, entrepreneurs who had used the Centre and representatives of local libraries. I was unable to attend the meeting but I am glad to say that I was represented by Jason McCartney, my Member of Parliament, and by Ian Wishart a patent agent who is also a director of Cobra Special Risks Ltd.

Over the last few years I have worked very closely with Chris Brown in Manchester, Ged Doonan and Stef Stephenson in Leeds, Ruth Grodner in Liverpool and Nicola Avella of Sheffield to support entrepreneurs and inventors in those cities.   Now that I am practising primarily from 4-5 Gray's Inn Square (see "Moving to London" NIPC website 5 March 2013) I hope to make a similar contribution to the Business and IP Centre in London.   If you want to want to discuss this article, call me on +44 020 7404 5252 or send me an an email through my contact page. You can also follow me on Facebook, Linkedin, twitter or Xing,

From the Patent Examiner's Mouth

At the first meeting of the Leeds Inventors Group many years ago, our first speaker Lawrence Smith-Higgins, Head of Business Outreach & Education at the Intellectual Property Office, promised to send us a patent examiner to address one of our meetings. I reminded Lawrence of that promise every time I visited the Intellectual Property Office for a hearing and at every outreach event at which we were both present. Eventually he relented and arranged for Kalim Yasseen to speak to us earlier this year.  Kalim did in fact address the Sheffield group to a packed house but, sadly, he fell ill and was unable to repeat his talk in Leeds.

Happily, Kalim's colleague, Sarah Whitehead, took his place and she was excellent. Starting from first principles, Sarah explained what a patent was and why an inventor or businessman or woman might want one. She distinguished patents from other intellectual property rights such as copyrights and design rights.  She outlined the inventors' bargain with the public - a monopoly in return for teaching the public how to make or work the invention - and showed how a patent specification reflects that deal. The description and drawings setting out the teaching and the claims the extent of the monopoly.   Patiently she educated the audience as to why the application had to be examined, how it was done and indeed why it seemed to take so long.  It is a very strong thing to grant a 20-year monopoly of the manufacture, importation, distribution and use of a new invention and it is not to be undertaken lightly. The British process may seem long drawn out but our Intellectual Property Office was significantly faster than many other countries'. Finally, Sarah talked about disputes over patents and how they may be resolved mentioning in particular the IPO's opinions service.

After her talk I invited Sarah to supper at "All Bar One". Over a hamburger and chips and vegetarian pad Thai (I had the burger and she the pad Thai) she told me a little more about her work and that of the examiners.  We discussed the practical effects of the Supreme Court's decision in Human Genome Sciences Inc v Eli Lilly and Company [2012] 1 All ER 1154, [2011] UKSC 51, [2012] RPC 6, [2012] Bus LR D37 (a case that I had blogged in "Patents: Human Genome Sciences Inc. v Eli Little and Co" IP/IT Update 9 Nov 2011).  Turning to other matters, she mentioned that she came from Derbyshire, that she was educated at the Universities of Bath and Manchester and that her research had been in life sciences. 

One of the many matters upon which we agreed was that the cost and risk of enforcement had inhibited British businesses from protecting their research and development adequately. We welcomed the new small claims track to the Patents County Court (see "Patents County Court - the New Small Claims Track Rules" IP/IT Update 20 Sept 2012) which will be the topic of my talk to Sheffield Inventors Group tomorrow 1 Oct 2012 at Sheffield Central Library at 18:00 and Liverpool Inventors Club at QualitySolicitors Jackson & Canter at 88 Church Street, Liverpool, L1 3AY on 29 Oct at 18:00.

HutchinsonIP's First Anniversary

Over the last year I have done a lot of work with Tom Hutchinson of HutchinsonIP. This has included seminars to the Manchester FabLab and freerange at Carlisle (see "FabLab Manchester - Introduction to Intellectual Property" 6 Nov 2011 and "Introducing IP to Freerange Artists in Carlisle" of 10 March 2012 in my IP North West blog) as well as professional work. Tom has been one of the best patent agents I have ever worked with and I have known a few in my time..

As his firm passed its first anniversary Tom recruited a trade mark attorney. He can now cover the whole spectrum of IP work from patents and registered designs to British and Community trade marks as well as unregistered design right, unregistered Community designs, semiconductor topographies, copyrights and rights in performances.

Until the Chartered Institute of Patent Attorneys and Liverpool Central Library can reopen the Liverpool patent clinic, I shall be referring any enquiries that require advice from a patent or trade mark attorney from Merseyside, North Wales, the Wirral and West Lancashire to HutchinsonIP.  Should you wish to consult the NIPC IP Clinic you should complete our on-line enquiry form or call me 0800 862 0055.

If you want to consult Tom directly he practises from

Hutchinson IP Ltd
57 Hoghton Street
Southport
PR9 0PG
Tel: 01704 532 683

mail@hutchinsonip.com