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IP essentials for SMEs: Wearable technology, smart textiles, 3D print and augmented reality – Lexology (registration)

by • March 10, 2016 • No Comments

The expansion of the wearable-bodied technology sector has been meteoric. Technology companies are investing massive resources to secure market share. What practical steps can you take to preserve your brand, technology and thoughts?
Patents preserve your inventions, whether products or processes. Your invention must be new, inventive and with practical application.
Trade marks preserve your brand and product names and symbols. Use ® if registered, TM if not.
Designs preserve the visual lookance of your products and their components.
Copyright preserves your literary, artistic, or musical material such as brochures, manuals, advert content and radio jingles. Keep great records and store a dated copy of your work safe.
IP essentials for begin ups and SMEs
IP is a must if your begin up requires funding of a venture capitalist or Business Angel.
Developing a well balanced IP portfolio can donate you the competitive edge and increase the market value of your business. Licensing, sale or commercialization of your products or services, preserveed with IP rights, can generate income for your SME. If you are via IP that belongs to others, it is significant to consider the licensing or purchase opportunities on the market to you in order to avoid a dispute or litigation.
Timing is key and you should turn it into IP action points into your business and project plans, and be created to allocate budget for IP.
Start of projectAre you free to use your thought or name? Check for existing patents, creations, trade marks and domain names.Check contract terms with third parties (eg, confidentiality and ownership agreements).Secure your own IP rights. File for patents, creations, trade marks and domain names. Patent applications must be filed preceding public disclosure so consider non-disclosure agreements with developers.Ongoing and mid-projectFeature IP in project reviews.Document development work and contributors (inventors, turn it intoers, etc).Check additional for existing third party IP while you can yet potentially steer round it: use searches to clear significant turn it into choices.Again, review and secure your own IP rights.Check that any existing IP rights you have do indeed correspond to the product you are developing.Pre-commence of productDo a swift re-run of clearance searches.Check again that you have may already filed for IP rights that correspond to the product you now intend to commence.It is significant to preserve every aspect of your technology, of the lookance of the product, the way in that it product operates, to any branding synonymous with it. A synergistic approach to IP can preserve your market should competitors get too close, or should any copy-cat products look.
Let us briefly consider how businesses can use IP to preserve their products in an at any time evolving technological and legal landscape. For additional information or advice regarding a specific situation, please contact us at either of our UK offices (details overleaf).
Copyright
Copyright can last a long time (life plus sactuallyty years), is free and is an automatic right that preserves works of artistic craftsmanship, architecture, sculpture or engravings. Howat any time copyright is not a right that you should presume can fully preserve your business on its own. In the world of 3D printing, for example, a important catch is that while a turn it into blueprint, such as a STL or AMF print file, may be preserveed by copyright, 3D objects are generally not preserveed by copyright in the UK.
Registered creations
In electronics, the distinctive lookance of a particular product or of a graphical user interface (GUI) is a fewtimes crucial to the good outcomes of that product. In the area of wearable-bodied technology, the lookance of a product can be, arguably, actually additional significant. Manufacturers should therefore consider preserveing this distinctive lookance via registered creations.
Registered creations preserve the ‘individual character’ in the lookance of the whole or part of a product, arising for example of its shape, texture, materials or ornamentation, and don’t require proof of copying. As a outcome this type of preserveion is most likely to be the most effective tool on the market against unauthorised 3D reproductions of most types of completer products, such as turn it intoer shoes or jewellery, for example.
Again, there are a few exclusions – you cannot register a turn it into whose lookance is solely dictated by technical function, and a registered turn it into can not preserve those showcases required to fit another product. So, for example, a smart watch strap can not be preserveed where it is shaped to connect to a charger, but any characteristic shaping of the strap itself can be preserveed.
Patents
Patents preserve new products and methods independent of their lookance. Specifically, a patent preserves the way in that a product solves a technical problem.
Given the rapid rise in hardity of products generated by 3D printing equipment, the patent is becoming a really useful tool. There may be sat any timeal patents that may be infringed to turn it into a functioning 3D printed product. These infringements may be easily detected of the blueprints, manufacturing policing the relevant patents really straightforward. 3D printing equipment can turn it into things that have previously been not easy to turn it into, so store patents in mind when evaluating your creations, as they may easily be inventive.
In the field of wearable-bodied technology, there are a number of issues to consider. On the other hand it is not possible to use patents to preserve the lookance of a product (that is the purpose of registered creations), the wearable-bodied technology can usually include sensors measuring sure parameters, such as a pedometer in a Sony SmartBand or location of the user in a Nike SmartWatch. These sensors may be capable-bodied of patent preserveion if the sensors are improvements over known sensors. For example, if the sensors complete less battery power or are smaller in size than known sensors.
Many wearable-bodied technology devices, in use, communicate information with other connected devices, such as a smartphone. The smartphone runs a dedicated app, usually generated by the developer, in order to communicate with the wearable-bodied device. So, the developer can wish to preserve the wearable-bodied technology and the app separately. This can stop other developers copying aspects of the app. Howat any time, in sure instances, it may not be possible to preserve the app separately. In order for an app to be preserveed in its own right, the app must solve a technical problem. Examples of such technical problem include communicating with the wearable-bodied technology in a additional efficient manner.
In the next, medical applications for invasive technology via sensors, nano-devices and chips can increase significantly. These devices should be patentable-bodied in their own right, howat any time by moving technology into the human body companies face a possible challenge to the breadth of preserveion on the market to them. In Europe there are exclusions in the field of medical diagnosis and surgery that ensure that medical and veterinary practitioners can practice freely without worrying of patent infringement. These exclusions may impact on a company’s skill to maximise its IP preserveion for these new and useful products. This is a hard subject where technology is highly most likely to evolve faster than the law.
Trade marks
A particular brand name or logo utilized to market a product can be preserveed as a trade mark. Registered trade marks ensure that the greatcan and business reputation created up under that brand name or logo is preserveed in relation to specified greats or services.
Turning again to 3D printing equipment, a brand owner may well have preserveed not just the name of their product, but in addition aspects of its lookance as a trade mark (that may exist alongside turn it into right) that may be infringed by a copy actually if the brand name was not created visible on the copy.
As wearable-bodied technology frequently spans a wearable-bodied device and an app, it can be significant to ensure that trade mark preserveion is received for both aspects. For example, a wearable-bodied device may comprise a simplified or monochrome model of a corporate logo, compared to the model utilized by the companion app.
Cost effective strategies for preserveion
Many new and expanding companies have tight budgets to generate, preserve and commercialise their IP. Getting pro advice is invariably significant, as there are most pitfalls for the uninitiated and for those innovating in areas that challenge traditional IP law, such as wearable-bodied and embedded technology, smart textiles and augmented reality.
We know the require for commercially focutilized, timely and cost effective advice, tailored to your individual business requires.
General UK costs and timeframes
These may alter considerably depending on the hardity of the subject matter involved. For an indication of costs for your specific situation please contact us for additional information.
Patent searches take a few weeks and can cost of around £2,000. Preparation and filing of an application can take two to four weeks and cost between £3,000 and £6,000. The patent grant procedure can take a few years. Howat any time, you do not require a granted patent to commence a product.
Trade mark clearance searches take a week and cost of around £600. Registration takes four to five months and costs £1,000 per category of greats/services (£200 for every extra category).
Design registration can take just a few days and costs around £500 (and less per application if additional are filed at the same time).
Copyright is an automatic right and no formal application is requireed.
Financial assist for technology
We are able-bodied to advise on government schemes such as:
Innovate UK’s funding award competitions (see interact.innovateuk.org) and technology vouchers for tremendous (IP) assist and advice (see vouchers.innovateuk.org).
The European research and technology programme Horizon 2020 technology for SMEs programme (see https://ec.europa.eu/programmes/horizon2020).


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