An Introduction to

Intellectual
Property and
Patents Part I
Simone Ferrara & Matthew Hoyles
21 May 2014

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2014
What is IPR?
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Intellectual Property (IP) is any creation of the mind

Technology/deliverable is the reduction to practice of IP - e.g., software,
hardware, documentation

Intellectual Property Rights (IPR) are exclusive legal rights to control how
IP can be used, thereby giving control of how the technology/deliverable
can be used
Not a right to use a technology/deliverable, but a right to prevent others from using it

Any product or service can be visualised as a layered structure formed of a
tangible part (i.e., technology/deliverable) and an intangible part (i.e., IP
and associated IPR)


What are Intellectual Property Rights?
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An example
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High Level Design document








If not suitable, the position must be changed through contract
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HLD
v.1.0
Created
by Andy
Andys IP
HLD
v.2.0
Edited
by Beth
Andys IP
Beths IP
Revision
Statutory position
IP owner Andy
Who can use it? Andy
Can others use
it?
Only with Andys permission
(licence)
Statutory position
IP owner Andy AND Beth
Who can use
it?
Andy (or Beth) with the others permission
Can others use
it?
Only with Andys AND Beths permission
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Patents: protect ideas/inventions (e.g., how things work)

Confidential Information: protect know-how/trade secrets (e.g., how to do
things)

Copyright: protect documentation, software code, images, etc. (e.g.,
original creations)

Designs: protect appearance of products (e.g., how things look)

Trade Marks: protect brand (e.g., how things are recognised)
The main categories of IP not just patents!
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IP as a commercial asset
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The value of IP as an asset
IP is a valuable commercial asset that must be recognised and protected
IP can be traded and/or leveraged like any other asset
Some key points to bear in mind:
When you (or your partner) introduce new features, modify existing products or even simply
provide feedback or suggest improvements, you are creating IP
It is important to clearly understand what your commercial objectives are. For example, if you
work with a partner:
Do you want to own, or even use, what you have paid a partner to build for you?
Are you happy for a partner to sell what they have built for you to a competitor?
Should a partner be free to share with others confidential information you share with
them?




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Partner Background IP
It is generally required to obtain access insofar as it is necessary to meet your commercial
objectives (e.g., licence to partner Background IPR)
Your Background IP
Determine to what extent you want to allow the partner to access your IP (e.g., the partner
may have its own objectives)
Foreground IP
Determine required control for meeting commercial objectives (e.g., ownership of
Foreground IPR)
Often small businesses utilise low cost services in exchange for giving
away valuable IP assets or positions there is nothing wrong with this
but they should be aware of the consequences
For example, source code in software development




IP considerations when engaging a partner
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NDAs are simple contracts that allow one party to share confidential
information with another party (one-way) or share confidential information
with each other (mutual)
What they are good for:
Disclosing confidential information to a partner to ensure that do not misuse it
Discussing a confidential project for which you do not need to be able to use the information
received
What they are NOT suitable for:
Anything else!
Receiving constructive feedback - Under a mutual NDA you cannot use the feedback you
receive, even if you were inevitably going to come up with the same information yourself

Non-Disclosure Agreements - NDAs
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Questions
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