UK IP Professionals Seek Quality, Not Quantity

by Robin Pilgrim, LawAndTax-News.com, London

06 December 2006

According to a survey of 300 users of intellectual property in business and academia in the UK, carried out by patent and trade mark attorneys, Marks and Clerk, watertight IP protection and thorough examination of patent claims are more important than speed and cost.

Key findings of the survey included that:

• 88% of buyers of intellectual property (IP) protection believe that protection that is as far as possible watertight is the most important consideration when it comes to safeguarding IP;
• 84% cent of those who file patents believe that a thoroughly examined patent which is likely to be enforceable is more important than a quick, cheap and easy patent which might offer reduced protection; and
• 89% of UK IP buyers believe that change would have to take place at a European level if costs are to be reduced.

According to Marks and Clerk, the findings cast doubt on the value of a quick, cheap and easy ‘utility model’ patent, one of the issues being considered by the Gowers Review of intellectual property.

In last year’s Pre-Budget Report, Chancellor, Gordon Brown asked Andrew Gowers, former editor of The Financial Times, to lead a review of the intellectual property framework. His review is examining how patents, trade marks, design and copyright operate in the UK, and how IP is awarded and enforced, and will be published in the wake of this week's Pre-Budget Report.

Philip Martin, Partner at Marks and Clerk, commented:

“Our research shows that those who seek IP protection do not want to compromise the high quality of UK IP rights – a view shared both by those who register trade marks and those dealing with more costly patents. Whilst securing IP rights can be a lengthy and sometimes expensive process, owners of intellectual property are clearly more fearful of any system which left them with rights which they might not be able to enforce."

"For patent protection, some companies choose to opt for utility model protection in addition to a higher quality traditional patent. But what our research clearly indicates is that no utility model can act as a substitute for secure protection in the minds of those who buy IP.”

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