Abstract

The concepts that underpin the protection of ideas and inventions are not new; such laws have been around for several hundred years and are discussed under the broad heading of intellectual property (IP). IP is easily misunderstood, but at the same time most scientists encounter it at some point in their career, as it is a necessary feature in the commercialization of research. The term intellectual property includes such concepts and rights as copyright, trademarks, industrial design rights, and patents. It is important to remember that IP is a tool to help your endeavours, and not a goal in itself. Having IP for its own sake is pointless. IP can be crucial in commercializing research and running a successful science-based business, but having a patent and having a successful patented product are two very different things. Above all, IP can only work for you if you understand what it is, why you want it, and what you are going to do with it. These ten simple rules are intended to provide an overview of these issues; however, we must start with a warning. Laws relating to IP change all the time, they are complex, sometimes rather obscure, and are very different from country to country. For example, research surrounding methods of treatment by surgery and therapy and diagnostic methods are patentable in the United States, but specifically excluded from patentability in Europe [1]. However, these boundaries seem to be shifting in both the US and Europe. In short, we are dealing with a complex and changing subject and restrict ourselves here to the guiding principles.

Highlights

  • The term intellectual property includes such concepts and rights as copyright, trademarks, industrial design rights, and patents

  • The practicalities of patent application are straightforward; you file documents with the relevant body indicating that a patent is sought, and provide the identity of the person applying and a description of the ‘‘invention’’ for which a patent is sought

  • The dangers are possibly even greater with trademarks and registered designs—these are generally granted with very little examination and patent offices are often even less inclined to suggest using a patent/trademark attorney for such ‘‘simpler’’ rights; the lack of examination means the validity of such a right is uncertain and they become open to challenge

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Summary

Introduction

The term intellectual property includes such concepts and rights as copyright, trademarks, industrial design rights, and patents. Many inventors think that by publishing their ideas freely they are more likely to have them exploited; the converse is often true

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