frequently asked questions

patent faqs

  • A patent protects a new invention that has not been previously disclosed to the public by granting the proprietor exclusive rights to exploit the invention for a fixed period of time.

    Patents can be granted for an entirely new product, a new component for an existing product, or a new use or application of an existing product. After the patent has expired, the invention falls into the “public domain”.

  • A patent is territorial. This means it will only cover a specific country or a specific group of countries. A patent is not worldwide unless registered in all countries/regions.

    A patent is also valid for a fixed period (usually 20 years). The patent is often subject to the payment of an "annuity" (an annual fee) to remain in force.

design faqs

  • A design protects the outward appearance of a product based on its shape or ornamentation by granting the proprietor exclusive rights to exploit the design for a fixed period.

    This does not include any graphic elements applied to the product, which are protected by trade mark registration, nor the product's use, function or mechanics, protected by patent registration.

    The design features must be new and not previously disclosed to the public. After the design has expired, it falls into the “public domain”.

  • A design is territorial. It relates to protection in a specific country or a specific group of countries;

    A design is usually valid for an initial period (usually five years) and is often subject to renewal (usually for like periods) up to a fixed maximum term (usually 15 years).

trade mark faqs

  • A trade mark is any sign which can distinguish an applicant's products and services from those of other competitors in the marketplace and grants the applicant exclusive rights to use the mark for those products and services.

    A trade mark can be a word, logo, graphic, shape, smell, sound, or 3D image.

    A trade mark must be distinctive (not descriptive) for the goods or services for which it is used and must differ sufficiently from existing trade mark registrations to avoid confusion to the consumer.

  • A trade mark is territorial. In other words, it only covers a specific country or a group of countries.

    A trade mark is limited to a specific range of products ("goods") and/or services (collectively "the specification"), which fall into one or more "classes".

    A trade mark is usually valid for an initial fixed period (normally ten years) and is then subject to successive renewals of a like period.

general FAQS

  • Intellectual Property, otherwise known as “IP”, refers to a branch of the law which affords legal protection for creativity and innovation.

    Imagine you have created something new, that has never been seen before. You will want to protect it from a third party attempting to copy it and sell it for a lower price.

    By protecting your invention, brand or design, you are ensuring all revenue generated from it comes to you and is not taken by someone else attempting to copy your creation.

  • Patents protect new and non-obvious inventions, including processes and products, and may cover the entire product or a specific component. Trade marks protect the name or logo which identifies the source of a product or service.

    For example, a mobile phone might include several individually patentable items or features. It may also be marketed with a logo which associates that mobile phone with a particular brand or company.

  • Copyright protects works of art, for example written theatrical, musical and artistic works, film, book layouts, sound recordings, and broadcasts.

    Copyright is generally an automatic right, so you do not usually have to make an application for it.

    Copyright does not protect ideas. It is only when the work itself is fixed, for example, in writing, that copyright automatically protects it.

    Depending upon the nature of the work attracting copyright, it can be valid for quite a long period (e.g. in the case of a book, the entire lifetime of the book's author + 70 years after their death).

    In certain situations, a copyright can be assigned (transferred from one copyright author to another). Typically this happens where work has been specifically commissioned - such as a commissioned painting, a salaried inventor, and so on.

  • Copyright affords protection for original literary, artistic and musical material. Valid copyright enables the author the exclusive right to prohibit or authorise the reproduction, performance, broadcast, translation, recording, adaptation and/or derivation of the subject material, as well as the right to claim authorship of the material, and to challenge works that may impinge upon the author's copyright.

    It is generally acquired automatically, although there are provisions in some jurisdictions for the formal registration of copyright.

  • Most countries require foreign applicants to register their rights with the Registry or IPO (Intellectual Property Office) through a locally-based agent. In a small number of jurisdictions, we are still allowed to correspond directly with the Registrar.

    To ensure we can register on behalf of clients in foreign countries, we have developed strong relationships with agents in most jurisdictions around the world.

    To see where we can file, please visit our Countries page.

    Most countries require agents to file a power of attorney signed by the applicant, authorising them to act on their behalf. We will ensure that this document has been completed correctly, authenticated as required and filed on time.

  • Some countries’ laws dictate that foreign applicants must engage with a local agent to file their application (indirect filing). In these scenarios, we work with our contact base of local agents to fulfil the request.

    Other countries’ laws state that foreign applicants can apply directly with the IPO (Intellectual Property Office).

    In these circumstances, we act as the local agent and file directly (direct filing) with the IPO.

  • A Power of Attorney ("PoA") is a legal document authorising an agent to act on someone else's behalf.

    In an IP scenario, it is typically the applicant (the owner of the IP right in question) that issues a PoA to the agent.

    A PoA can be for one or more actions in one or more countries. Where there is a blanket authorisation given, this is known as a General Power of Attorney.

    Most countries require a PoA to be filed as part of the application process.

  • A Power of Attorney enables the authorised party (either Lysaght or our local associates) to officially represent an applicant in legal proceedings. Many applicants we represent regularly decide to execute a blanket Power authorising us to sign documents (including local PoAs) for all the actions we undertake on their behalf. This is called a General Power of Attorney (“GPoA").

    Most countries require a separate PoA to be filed for every application made, so a GPoA can speed up the registration process and reduce costs for our clients.

    We maintain a database of existing GPoAs authorising Lysaght to sign documents, in addition to country-specific GPoAs authorising our local associates.

  • There are three ways to authenticate a power of attorney, and specific authentication requirements will vary between jurisdictions.

    1) Simply Signed. This means they bear no authentication beyond a signature on behalf of the applicant.

    2) Notarised. This means the signature on the document has been authenticated by or before a Notary Public.

    3) Legalised. This means the signature of the Notary has been authenticated by a local authority/by Apostille, and in some cases, by a Consulate for the country in which it is to be filed.