Frequently asked questions

What is intellectual property?

Can you protect an idea?

Intellectual property (IP) is the result of creative activity and intellectual endeavour. Intellectual property rights (IPR) are the legal rights that protect the expression of intellectual activity in scientific, industrial, and literary fields. IPR provides moral and economic incentive for intellectual activity by offering the creator a monopoly to exploit these rights for a fixed amount of time.

Intellectual property rights can largely be divided into copyright and industrial property, which includes patents, trademarks, and designs

Who owns my IP?

Unless otherwise explicitly stated in your employment contract, your employer will own any IP produced as a part of your job role. This is through the Patents Act 1977 (link opens in a new window) and the Copyright, Designs and Patents Act 1988 (link opens in a new window).

If you could reasonably be expected to produce the work under the terms of your employment, your employer may still own the copyright on your work, even if the work was produced in your own time and with your own resources. Employees retain the moral rights to their IP but are unable to commercially exploit or profit from the work.

Contractors generally retain ownership of their IP unless it is stated otherwise in the contract.

Can I use other people's IP?

You cannot use someone else's IP without their permission. Often, this process will be negotiated by your organisation's IP manager. They will agree the terms of use and the financial aspects of licensing someone's IP, the scope of your rights of use will be detailed in the licence and must be adhered to.

As with other forms of property, IP can be bought, sold and assigned to others. A written and signed contract is needed to officially assign the rights to the IP from one party to another.

Under copyright law, copyrighted works can be used for non-commercial research and personal study, these minor uses fall under the exceptions to copyright. Other everyday uses such as copying, downloading, scanning etc... generally require the permission of the owner.

Buying or licensing the IP does not give you the right to use it however you which, the creator or original owner will retain the moral rights to the IP. This prevents any distortion or misuse of the IP that reflects badly on the creator of the work.

STFC Innovations Ltd owns a valuable portfolio of licensing opportunities in the biotechnology and materials science sectors.

What is copyright?

Copyright protects literary, dramatic and artistic works, as well as recordings and broadcasts. Copyright does not cover the idea, but only how the idea is expressed. This may be as a written text, photograph, a work of art such as a drawing, painting, or sculpture, a sound recording or film, or a software programme or website. Additionally, copyright does not cover the function of the item or how it was produced.

Copyright is a free and automatic right that protects your work once it has been finalised and fixed by writing it down, recording, or saving it. The right is effective without any registration or application process and lasts until 70 years after the death of the author. Exceptions to this are photographs which are only protected for 20 years after creation, and sound recordings and broadcasts expire 50 years after creation.

I have been asked to assign my copyright for publication, is that okay?

Generally, this is not a problem. As a matter of course you should send a copy of the paper to your director. If you have any concerns or queries it is advisable to contact your IP manager for further advice.

Is my patent protected worldwide?

What is a patent?

A patent is an exclusive right used to protect new inventions, it prevents others from making, using, or selling your invention without your permission forup to 20 years. In order to be patented, your invention must be novel, inventive and industrially applicable.

A patent is not a worldwide right, it is territorial, meaning your rights will only apply in the countries you have applied to. A patent cannot protect scientific, mathematical or business models; artistic, dramatic, or literary works; or the presentation of information.

When does a patent get granted?

On average, it will take three to four and a half years from first filing your patent.

More information on the patent application process is provided by the Intellectual Property Office (link opens in a new window) (IPO).

What's the difference between a licence and an assignment?

A licence is like renting someone's IP. The creator or owner retains ownership of their IP but lets you use it for a fee. A licence is an agreement between you and the owner in which you have negotiated the terms of use and any fees or royalties payable.

An assignment is the transfer of rights over the IP from the creator or owner to another party, often in return for a one-off fee. You may buy the commercial rights to the IP, but the moral rights stay with the original owner.

What should I do if I have an idea for a new product, or use for a technology in a new field?

Within STFC you should complete the IP disclosure form and send it to your IP manager. From there, searches will be performed to assess the novelty of the invention and the STFC Innovations Ltd (SIL) team will evaluate its commercial potential.

In due course, the SIL team will contact you to discuss your IP further. During this time it important not to disclose your idea as this may invalidate the patenting process.

What if I need to prove my technology works?

SIL may be able to help you to access funding to support a 'Proof of Concept' project, to build a prototype or test your invention. We may also be able to direct you to access transitional funds or build networks with potential collaborators. This is something the SIL will discuss with you following your initial contactabout your idea.

Are there any STFC award schemes available?

The STFC allocates funding and awards to both STFC employees and outside organisations. To find out what is available and how to access this see STFC grants and awards (link opens in a new window).

SIL are responsible for administering STFC's 'Awards to Inventors' scheme. The scheme is designed to reward STFC inventors and departments during the eary stages of invention development and income generation.