Issue link: https://htpgraphics.uberflip.com/i/116729
Intellectual Property Section 2 Your spin-out company will almost certainly be founded on IP. It will probably be the spin-out's major asset for many years to come. IP protects your ideas in various forms. It is made up of a bundle of different rights. Some rights have to be registered to be effective; others arise automatically. The most relevant IP rights for spin-out companies from research-based institutions are generally patents (for inventions), copyright (for software, on-line content, reports etc), design rights (for equipment designs) and trade marks (for names). There is also know-how or confidential information. This is not strictly IP but will be equally important to the company. Under which name does your company intend to trade? To protect against others using that name, consider registering the name as a trade mark in the territories in which the company will be trading. Consider the registration of domain names. For example, if the company is to have a website, then a domain name should be registered to direct customers to that website. Search against your chosen name in an internet search engine to see if anyone else is using it. It is always easier to choose a new name at this stage if there is a problem. Due Diligence (Investigation) The success of the company will depend largely on the successful development and exploitation of IP. Firstly, identify the IP that is required. Will the company rely on specific techniques, chemical formulae or manufacturing processes? Will the company require the use of particular software or other equipment? Will access to specific know-how be required by the company, for example laboratory note books, operating manuals or specific databases? Keep a record of all the IP that is identified. Once identified, check where the IP has been developed. Was it developed solely by your research group or have other groups within your institution been involved? Check whether any patents have been applied for or granted. You can search for many existing patents via the esp@cenet website (http://gb.espacenet.com) or at the British Library. Check whether a patent agent is used by your institution and, if so, the relevant people within your institution can make enquiries with the agent. Alternatively instruct an independent patent agent to conduct some searches. If the company is likely to trade outside the UK, check whether there are patents outside the UK. 10