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News Release from: Chartered Institute of Patent Attorneys | Subject: intellectual property rights
Edited by the Marketingservicestalk Editorial
Team on 01 February 2008
Competitions put inventors' patent
rights at risk
Writer and broadcaster Adam Hart-Davis has highlighted a little-understood risk for PR and marketing companies who organise invention competitions, such as the Ideal Home Show 'Innovation Nation'.
When Seventy Seven PR recruited TV's 'face of technology' to celebrate 100 years of the Ideal Home Show and encourage budding inventors to submit their ideas via the show's website, Adam Hart-Davis' first concern was that the competition shouldn't jeopardise contestants' chances of getting their ideas patented "If all these people publish their ideas," he advised the PR company, "they will be unable to get patents - I would not want brilliant inventors to lose out"
Under intellectual property laws, publishing details of an invention - for example, by publicising it in a competition - can constitute 'disclosure'.
Any invention that has previously been disclosed is most unlikely to be granted a patent.
Seventy Seven PR shared Hart-Davis' concerns and sought advice from a patent attorney, Matt Dixon, an intellectual property specialist and spokesman for the Chartered Institute of Patent Attorneys.
Dixon advised the organisers on what to include on the competition website and other promotional material.
As a result, advice to contestants recommends that any inventors who think their invention might have commercial potential should get patent advice - and probably apply for a patent - before the competition results are announced.
Seventy Seven PR account director Michelle Saxby welcomed the input from Adam Hart-Davis and CIPA: "When we started to organise the competition we realised there would be an issue with IP rights and wanted to be sure we were giving the correct advice to people entering.
"The specific advice we got from Adam Hart-Davis and Matt Dixon helped us to quickly understand the issues and ensure the competition rules were right".
"The position regarding 'disclosure' of an invention can be a bit tricky for the non-specialist," said Dixon.
"Organisers of invention or product design competitions could find that they are jeopardising potential patent rights if the inventions are publicised before patent applications have been filed - it's an area of the law that's not generally well understood.
"We would urge all PR companies or other organisers of similar competitions to contact CIPA before they finalise the competition rules.
"Our guidelines can help ensure that inventors don't throw away their chances of getting a patent for the sake of trophy".
The Chartered Institute of Patent Attorneys (CIPA) is the professional body representing Patent Attorneys in the UK.
CIPA was founded in 1882 and incorporated by Royal Charter in 1891.
The majority of patent applications in the UK and Europe are submitted by Patent Attorneys on behalf of clients.
Entry on the Register of Patent Attorneys provides patent attorneys with the right to conduct litigation and to act as advocates in the Patents County Court.
Fellows of CIPA can also acquire an additional qualification (Litigator's Certificate) entitling them also to conduct litigation in the Chancery Division of the High Court (including the Patents Court) and to conduct appeals from the Patents County Court, the County Court and the Chancery Division of the High Court in respect of Intellectual Property litigation.
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