Feature
Manufacturing
Protecting your patent will protect your investment
By Matthew Shaw (pictured), equity partner at Birmingham-based Forresters, the specialist patent and trade mark firm
manufacturing and engineering companies, which design and produce high-quality products that are sold around the globe. Manufacturing is a true success
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story for our region and it’s something that we should not only be proud of, but also seek to protect, particularly when it comes to ideas, inventions and designs. Simply put, having the right intellectual property (IP) protection in place safeguards the investment made by manufacturers. It’s not just products that need
protecting with patents, but also the way they are designed and manufactured. Engineering companies and manufacturers are often aware that they can obtain patents for new products, but many assume they cannot protect their production methods. The result is that many companies fail to protect bespoke production and logistics processes and software. And what about the ‘look’ of a
product? In today’s design- conscious environment, the ability to protect the appearance of original products can be crucial to the success of a business. Design registrations can be very useful in preventing others from commercialising products that have the same or a similar appearance. IP is a complex area of law to
understand, which can be a stumbling block for manufacturers who find it difficult to recognise what, if anything, in their manufacturing process is open to risk. Getting advice at the earliest opportunity is sensible. While there are different types of
protection available, for the region’s manufacturers, it’s patents that may be most relevant to
report by the European Union revealed that China remains the biggest source of counterfeit goods imported into the EU. The report revealed that customs
defend their differentiator. Trademarks may also be valuable as these help companies protect brand identity. There can be an assumption that
IP is a waste of effort and money but if your business has invested considerable time, resources and funding in creating something truly unique, it absolutely warrants protection. Your innovation could give your business a competitive advantage, make you more of an attractive investment, and can even be used as a security for future loans. If your ideas get into the wrong
hands before you have taken the appropriate action to protect them, you could find your intellectual property rights seriously compromised - or even lose them entirely.
Protecting against imports It’s not just domestic threats you need to protect against. A major problem for the UK is protecting against Chinese copy imports. In September 2018, a
officials confiscated more than 31 million products during 2017, of which 73 per cent originated in China. It was estimated that the total value of the items would be £512m if they were authentic. The knock-off products were confiscated for suspected violations of copyright, patents, and trademarks.
Avoiding IP infringement You also need to avoid infringing someone else’s IP, as this could result in legal action. Legal battles can be costly, and the far-reaching repercussions could include damaging your reputation with clients and credibility within your industry. Before you spend any money on
research and development of a new product or process, err on the side of caution and ask an IP lawyer to check out the competition. Yes, it adds an additional cost to the project, but it’s little in comparison to the losses you could suffer in the event of a breach. Basic steps you can take to avoid IP problems include:
‘If your business has invested considerable time, resources and funding in creating something truly unique, it absolutely warrants protection’
56 CHAMBERLINK December 2018/January 2019
• Confidentiality agreements. There are often a number of people involved in designing a new product or process, including some third parties. Asking all involved parties to sign a confidentiality agreement will help ensure key information remains safe.
• Securing hard copy and digital information. This should apply to all your organisation’s information and data, but take extra care that any new designs, or even initial ideas, are kept locked away, either physically or with password protection for digital content.
• Take special care when trying to sell or license an invention, idea or design. While it would be nice to think we can trust potential business partners, there have been instances where agents or potential business partners have been unscrupulous and passed inventions off as their own.
• Take some action as early as you can, as delays in submitting IP applications can sometimes be fatal.
Ultimately, if you invest your
time and energy into making something truly unique, it makes clear financial and business sense to do everything you can to protect it.
he Greater Birmingham and wider Midlands region are home to some 14,000
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