How to research intellectual property protection for your product

Intellectual Property (IP) is a legal asset that prevents competitors from copying your inventions, designs, or brand names. Before you launch, you must identify which type of protection—Trademark, Design Right, Patent, or Copyright—applies to your product to ensure you are not infringing on others and to secure your own legal rights to your hard work.

The Four Main Types of Intellectual Property

In the UK, IP is managed by the Intellectual Property Office (IPO). Most products will fall into one or more of these categories. Use the table below to see which might apply to your specific situation:

IP Type	What it Protects	How it's Granted
Trademarks	Brand names, logos, slogans, and even specific colours or sounds.	Must be registered via application.
Registered Designs	The physical appearance, shape, configuration, or decoration of a product.	Must be registered via application.
Patents	Technical inventions, how a product works, or a specific manufacturing process.	Must be registered (complex and expensive).
Copyright	Written text, software code, photography, and artistic works.	Automatic in the UK; no registration needed.

Step 1: Identify Your Assets

Look at your product and list every unique element. Ask yourself:

• Does it have a unique name or logo? (Trademark)
• Does it have a unique visual shape or pattern? (Design Right)
• Does it use a new technical method to solve a problem? (Patent)
• Do I have unique marketing copy or professional photos? (Copyright)

Step 2: Search the Registers

The most important part of your research is ensuring you aren't accidentally "treading on the toes" of an existing business. You can search the UK government databases for free:

• Trademark Search: Use the GOV.UK trademark search tool to check if your business or product name is already taken in your specific "class" (category of business).
• Design Search: Search the UK's find-a-registered-design service to see if your product's appearance is too similar to something already protected.
• Patent Search: Use "Espacenet" to search worldwide patent databases. Note: Patent searching is notoriously difficult, so you may eventually need professional help here.

Step 3: Maintain Confidentiality

A common mistake for new entrepreneurs is sharing their invention on social media or with manufacturers before they have researched protection. For patents and registered designs, your idea must be new. If you make it public, you may lose the right to protect it later.

Tip: If you need to discuss your product with a potential manufacturer or partner during this research phase, ensure they sign a Non-Disclosure Agreement (NDA).

Step 4: Assess the Commercial Value

IP protection is an investment. While a Trademark is relatively affordable (starting around £170), a Patent can cost thousands in legal fees. During your research, consider if the protection is worth the cost. If your product has a short lifecycle (like a seasonal fashion item), a registered design might be better than a patent, which can take years to be granted.

Best Practices for IP Research

• Keep a paper trail: Document the dates you created designs or wrote copy. This helps prove "prior art" if a dispute ever arises.
• Check "Unregistered" rights: In the UK, you have some automatic protection for designs (Unregistered Design Right) for up to 15 years, but it is harder to prove in court than a registered version.
• Don't forget the domain: While not strictly IP, check if the .co.uk or .com domain is available for your trademarked name to avoid "brand squatters."