LAW
PATENTS
Patents give their owners the highest level legal protection in the area of intellectual property rights. Patents are very much a commercial IP right and protect inventions. Please do be aware that patents can also protect an improvement or an idea.
It may also be the case in this sector that a patent has been obtained for one function but can be used in a completely different context, such as a bearing protection or fluid protection system which is enhanced and adapted for offshore use. In certain situations, this would also be capable of patent protection in its own right.
A patent gives the holder a right to a monopoly right for twenty years. Patent is derived from “letters patent” meaning a description of the inventions made public in return for the grant by the Crown of the period of protection. The reasoning behind this is that an individual who has expended time and effort in inventing a new concept should have the benefit of this.
Please note that the information relating to a patent does have to be kept in the strictest confidence before the patent can be filed. This comes on to the next area of confidential information.
CONFIDENTIAL INFORMATION It is perhaps misleading to have this heading in an article on IP as the law of confidence is not an IP right in the true sense. Given its significance however, it is often classified along with the other rights and it is clearly associated with them. It is imperative in the renewables sector in light of its “newness” that ideas are kept confidential. Certainly before businesses agree to meet or discuss concepts or ideas, strong confidentiality agreements should be put in place. To the extent that intellectual property rights need to be protected then this should be specifically noted in the confidentiality agreement.
AWARENESS AND PROTECTION The key issue for businesses operating in this sector is going to be awareness when considering intellectual property rights. It is also worth reiterating that IP which may have been protected in the past, but which is going to be used in a new context, should also be reviewed and considered.
The advice is to register where possible and certainly take steps to protect intellectual property or ideas by using confidentiality agreements or other methods where rights are unregistered.
Marie Kell (head of commercial and intellectual property) Andrew Jackson Solicitors
www.andrewjackson.co.uk
e = See enhanced entry online
www.windenergynetwork.co.uk
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