"The mission of The Rocky Mountain Inventors Association (RMIA) is to promote successful product commercialization and protection by offering information, education, and guidance including business contacts and networking opportunities."
08 May 2009
Rocky Mountains Inventors' Association
26 March 2009
Investing wisely in IP - my 6-Point Plan for any Business
A patent, copyright, trade mark, registered design or other IP right is nothing more than a right to bring a law suit. Its purpose is to protect the income generated by an intellectual asset, that is to say, a brand, design, technology or creative work. Such protection does not come cheap. According to research commissioned by the EPO, it costs €32,000 to obtain a typical European patent and maintain it for 10 years. That is an awful lot of money to spend considering that most patents are never worked. Enforcement is even more expensive. IPAC (HM government’s high level advisory committee on intellectual property) estimates that a patent infringement action costs £1 million in the High Court. That explains why I have seen far more businesses fail from having too much IP than from having too little in my 32 years at the English bar.
Yet there are circumstances in which a business needs to protect its investment in branding, design, technology or creative works. How does a businessman or woman recognize such circumstances and how does he or she choose the optimum legal protection. Here is a simple 6-point plan that can apply to just about any business.
1. Choose a period in which you expect your business to develop. This can be any period of your choosing which will probably depend on the nature of your business and products and services. For a company in the fashion or novelties business this could be a matter of months or even weeks. For a pharmaceutical company it could be decades.
2. Identify the main income streams that you expect to develop in that period. IP is intended to protect income streams, If your invention is never going to earn money whether directly or indirectkly through sale or licensing why waste thousands of pounds on patenting it? Similarly, if you have no sales in country X and are never likely to have any why seek intellectual property proteciton there? You may want tpo protect yourself in country X it it has a sufficient industrial base to allow a competitor to set up there but, if not, why bother?
3. Consider potential threats to each of those income streams. Competition from competing products or services may be one but there may be others such as changing patterns of demand or the general economic situation.
4. List possible counter-measures to those threats. Most of these will be commercial rather than legal such as cutting your prices or developing new products or services but for some threats such as plagiarism you may actually need some legal protection such as a patent or design registration.
5. If any of those counter-measurers is an IP right, choose the most appropriate one for your business. There is usually a choice. For instance, one way of protecting a new product or process is simply to keep it under wraps and seek to rely on the law of confidence to prevent unauthorized use or disclosure. The other is to proclaim it to the world in exchange for a temporary monopoly of the manufacture, sale and use of the product or use of the process (otherwise known as a “patent”). Where the technology has only a short shelf-life, a 20-year monopoly is otiose. On the other hand, if you are a drug company which has invested millions in R & D in a new product and waited years for approval from drug licensing authorities you need patent protection in every country of the world of you are to see an adequate return on your investment.
6. Ensure that there is adequate funding for enforcement proceedings. Unless you can afford hundreds of thousands of pounds on litigation and can risk at least as much again if you lose your case with equanimity you should think of IP insurance. Though these articles need to be updated you can start with two articles that I wrote in September 2005: “IP Insurance. Does it Work” (IP/IT Update) and “IP Insurance” (NIPC Inventors Club).
These and other tips are all set out in my presentation to Leeds Inventors Club “So you think you want a Patent?” which I gave on 18 April 2008. I also discuss them in my book “Enforcing Intellectual property Rights” which appeared earlier this month.
02 March 2009
Sheffield Inventors Club, 2 March 2009, 18:00
17 February 2009
IP Strategy: IP Asset Maximizer Blog

- A Consumer Product Company's Costly Patent Lesson: It's Not Enough to Protect the Invention, the Innovation Must Also be Patented
- Chief IP Counsel: Stop Trying to Change How Your Lawyers Bill You and Focus on the Model They Use to Provide Your Legal Services
- What is an IP Strategist? A Lawyer Who is Not Afraid to Say No.
15 January 2009
The Downturn may be the Best Time to commercialize your Invention
"Budding entrepreneurs should take advantage of the current economic downturn and take the plunge, a self-made millionaire from West Yorkshire is urging."
"You can negotiate a good deal on renting a shop or unit, hiring staff, advertising or even buying cheaper raw materialsNow is the time to start up with minimal costs, but you need to have that idea or you're wasting your time."
"in all this doom and gloom there are opportunities for the brave one, lets hope we see success stories emerging from this sad period."
14 January 2009
A Very Sad Tale Indeed: Forrester Ketley & Co v Brent
05 December 2008
More from NZ:The T-Shirt Marketer's Guide to World Domination
29 November 2008
Catching 'em Young
25 November 2008
New IP Clinic at Rotherham
16 October 2008
How will the Economic Downturn affect Inventors
04 February 2007
Sheffield Inventors Club: Eric Redfern "An Inventor's Alternative Route to Market"
Finding a successful inventor is therefore as rare as finding a four leaf clover or an NHS dentist. There are a few spectacularly successful American ones like Jerome Lemelson but hardly any British ones. One of the few British inventors who can be described as successful is Eric Redfern. Eric is one of the most prolific inventors I have ever come across. He has come up with earth leak devices, a hands free dryer, a date rape analyser, balloon vending machine and much, much more.
Eric thinks big but he is very practical. When he has a bright idea he approaches the big boys like major firms of accountants and solicitors for introductions to clients who are likely to help him. He gets them to work on a contingency basis. He also keeps his friends as he does not look to them to invest in his projects.
I first heard Eric at Manchester Inventors' Club in October and was so impressed that I choked him for the Leeds and Liverpool Clubs where he was equally well received. Now he is coming to Sheffield Inventors' Club at Central Library, Surrey Street on 5 Feb 2006 at 18:00. Do come along to hear him. You have a real treat in store.
29 June 2006
US Patent and Trademark Office Inventors' Resources Site
The welcome page explains that "the innovation and dedication of independent inventors have played a critical role in the USA's evolution into the most technologically advanced, economically vibrant power on earth". It continues that ever since it was founded in 1802, the USPTO has been dedicated to assisting independent inventors in utilizing America’s intellectual property system. A new comprehensive Inventor Assistance Program has been launched to expand the scope of services provided to independent inventors to make sure that they receive appropriate attention.
Information on patents includes:
- What is a Patent?
- Who can apply for a Patent?
- What can and cannot be patented?
- How do I know if my invention is patentable?
- How long does patent protection last?
- How much does it cost to get a patent?
- What is a PCT application?
- Frequently asked questions about patents
There is also similar information on trade marks:
- What is a Trademark?
- Why should I obtain a trademark?
- How do I register my trademark?
- What do I need to include in my trademark application?
- How much does it cost to apply for a trademark registration?
- How do I do a federal trademark search?
- Does the USPTO determine trademark infringement?
- Frequently asked questions about trademarks.
Though US law is different in some respects a lot of the information on both patents (which includes what we would call registered designs) would apply here too.
The site also contains plenty of good brochures some of which apply here. The excellent little card entitled "Scam Prevention" definitely does. Another really good feature that others could copy is a chat room for advice and many of the transcripts are published. An example of the latest one follows here. There is a lot of other good stuff such as whether to hire a patent attorney, funding and special inventors' events. Good stuff nephew Sam.
28 June 2006
"The Innovators' Toolkit", Lancaster University 3 Aug 2006
“The Innovators Toolkit” is targeted at SMEs and organisations that assist them. The workshop gives a compact but tailored overview of the ways that innovation is best protected and managed in order to rank amongst the tangible assets of a company and to illustrate just how much more an enterprise can do itself to minimize the costs associated with the protection of intellectual property.
Topics include obtaining a patent, registration of designs and unregistered design rights, copyright, managing innovation and enforcement.
The main speaker is Dr. Ron Jones who has spent that past 25 years as an inventor/entrepreneur in his own SME and has successfully licensed technology to global corporations and seen these inventions reach a high level of commercial success. In addition to his entrepreneurship Ron holds a Master of Laws from the Edinburgh Law School in Innovation Technology and Law. I shall be talking about enforcement and ADR.
The course is organized by "ip.com" which has recently opened up in the UK and further information can be obtained from Ron at rjones@ip.com. There will be a charge of £30 to attend the workshop.
31 May 2006
Liverpool Inventors Club: I've got a Great Idea - How not to Spoil It
The next meeting will be on 26 June. Jo Pritchard of Liverpool John Moores and Jonathan Butters of JAB Design will discuss ways of bringing new products to market. They will discuss all the local services available and how they all come together.
I am very conscious that I have not put up a great deal of stuff this month. It has been a very full month for me working hard for you inventors. There are some really exciting local services in the pipeline including in particular the IPCEX IP pro bono clinic which will open in Manchester next month and the Huddersfield and Bradford inventors' clinics on 5 July. Will keep you all posted.
28 April 2006
IP Audits: Tips from Downunder
Ian's article appears in the WIPO SME Newsletter together with an article by one Aswath Damodaran of Stern School of Business on valuing brand names, flexibilities and patents which complements Ian's article in several ways and an article by a whole warren of worthy US patent lawyers on when to patent and when to rely on trade secrets.
27 April 2006
Information and Communications Technologies: Presentation to West Yorkshire Information Security Users' Group
26 April 2006
Happy World Intellectual Property Day
05 April 2006
Sheffield Inventors: Website Improvements
I have also announced the next event which will take place in Sheffield Central Library on Monday 5 June 2006 at 18:00 hours. I will give a talk on everything you will need to know about intellectual property:
"Introduction to law of confidence, patents, designs, trade marks and copyright. How you get each of these rights. What they protect. How to enforce them. How to exploit them. How to find and instruct patent and trade mark agents. Worked examples and questions and answers."
04 April 2006
Manchester Inventors: Grobox
Jayne told her story of how she got the idea from an egg box. She tested all sorts of combinations and bulbs in all sorts of environments to get the product right. Having perfected her product she protected it with a patent, trade mark and registered design. She also made sure that she could enforce her rights by taking out IPR insurance. However, her most important lesson was how she marketed the invention. From networking with more experienced business people she learned that the best publicity came from winning awards. She has won several including some of the really major competitions.
Although Jayne has displayed considerable business acumen, she has also shown concern for the environment. On the "Ethical Environmental" page of her website, she stresses the importance of being environmentally friendly. Her boxes are made from recycled and biodegradable material - even the straw benefits the garden ecosystem. Even the gift wrapping offered is made from seeded paper.
Jayne supports several charities and will be running for one of them in the London Marathon. She is looking for sponsors.
IPCEX: IP Students to help Manchester Inventors
Maria Udalova-Surkova and at least one of her colleagues from that team will announce the service to the Manchester Inventors Group meeting at Central Library at 18:00 tonight. The team will be supervised at all times by at least one member of the teaching staff who holds a practising certificate from the Law Society and there will be input from each of the major law firms and chambers who support the Centre.
The Manchester initiative complements a similar scheme started by students at the BPP Law School in Leeds. Their service does not specialize in IP but they do publish an excellent IP newsletter. The November and January issues.