Glossary of intellectual property terms

This glossary is provided to assist with comprehension, rather than be a definitive reference. We anticipate that it will prove particularly helpful to SMEs and new start-ups venturing into the complex world of intellectual property for the first time.

Intellectual Property - any product of creative, intellectual endeavour such as an innovation, design, trading style, artistic work or literary work - including computer notation.

Intellectual Property Right - a state granted right to protect a form of intellectual property for e.g. a patent right, design right, trade mark right or copyright.

Patent - an example of an Intellectual Property Right; a state monopoly granted to protect an invention.

Invention - an innovation that is both novel and non-obvious.

Trade Mark - any sign, symbol, feature or get-up that is capable of distinguishing one trader's product, or service, from another's.

Design - the appearance of the whole or part of a product, including any pattern or texture applied to a surface.

Copyright - a state monopoly granted to protect artistic, musical and literary works.

Infringement - the unauthorised copying or use of a protected form of intellectual property.

Patent Agent - one fully qualified under the rules of the UK's Chartered Institute of Patent Agents.

Patent Attorney - one fully qualified to act before the European Patent Office.

Trade Mark Agent - another name for Trade Mark Attorney.

Trade Mark Attorney - one fully qualified under the rules of the UK's Institute of Trade Mark Attorneys.

Patent Application - a technical document describing in detail an innovation for which a patent is sought.

Domain Name - virtual address on the Internet.

Monopoly Right - another term for Intellectual Property Right; the period during which a patent, design, trade mark or copyright can be exclusively exploited by its owner.

WIPO (World Intellectual Property Organisation) - international body responsible for facilitating the granting of Intellectual Property Rights through out the world.

EPO (European Patent Office) - pan-European body responsible for granting patents across Europe.

Letter of Consent - letter from one party, typically the owner of a stronger trade mark, consenting to the use and/or registration of another party's trade mark.

Coexistence Agreement - binding agreement whereby two or more traders agree how to operate in the same or similar market to avoid any potential confusion.

OHIM (Office for Harmonisation in the Internal Market) - the European Community's Trade Mark Registration Authority.

Madrid Protocol - an international agreement for the registration of trade marks in a number of countries by means of a single application.

License - authorising a third party to use your Intellectual Property Rights in exchange for some consideration or benefit.

Due Diligence - investigations undertaken to assess the strength of one or more intellectual property rights.

Intellectual Property Assets - those intangible assets that derive from intellectual property and that, typically, add value to your business.

Intellectual Property Auditing - investigations that are undertaken to determine the nature and number of Intellectual Property Rights owned by a business.