Intellectual Property checklist

If you don’t know where to start with IP, use this checklist to make sure your assets are protected and your business is set up so it can grow and thrive.

1. Identify your assets – conduct an IP audit  

Start by identifying the assets and various types of IP your business may have. These could include:  

• Patents: which protect technical inventions, such as how something works, what it does, how it’s made or what it’s made from 
• Design rights: which protect the appearance of a product 
• Trade marks: which protect brand names and symbols 
• Copyright: which protects creative works 
• Trade secrets: a special category of confidential information

After conducting your IP audit, you can then create an inventory of all the possible assets within your business. You should consider your products and services, branding and marketing, business processes and digital assets, all which could be registered. Make sure to prioritise the assets that are most crucial to your business and think about the assets that are at the highest risk of IP theft.

2. Register your IP   

Once you have identified your business’ IP it is important to do some due diligence before registering your IP to make sure you aren’t infringing on existing intellectual property. There are different ways you can do this such as checking patent and trademark databases or copyright and design registries or simply doing a thorough search of your own using relevant and similar keywords, names, slogans etc. 

After doing so, you can then register your IP appropriately. You can file a trademark application yourself with your national IP office to save on legal fees. Whether registering a trademark, design rights, or filing a patent, you can do so through the UKIPO. However, IP is territorial meaning registering your IP in one country does not automatically protect it in another. If you want to trade internationally you must file separate applications in each country or region where you want protection. Registering your IP in the UK means you are only protected within the UK.  

3. Monitor your IP 

Regularly monitoring your IP is crucial for protecting your business from infringement. You can use tools like Google Alerts or IP monitoring services to receive notifications if your IP is being used without permission. You should also keep an eye on competitors’ IP filings to stay informed about potential conflicts or opportunities.  

4. Enforce your IP  

Develop an enforcement plan to ensure you are prepared for if legal issues arise. Consider having a template ready to address infringement issues promptly and know when to take legal action if infringement issues persist. In these cases, you may need to work with a specialized IP attorney. Visit the UKIPO website for a step by step on how to defend your Intellectual Property.    

5. Develop an IP strategy  

It is important you integrate IP into your business strategy as it allows you to use your IP assets as tools for growth, competitiveness, and long-term success. Ways you can do this are by ensuring that your IP strategy supports your overall business objectives, allocating funds in your business plan for IP protection, enforcement and management, and think about potentially licensing, franchising, or selling your IP to generate additional revenue streams. It is also important that as your business grows, you ensure your IP strategy evolves to cover new products, markets, and technologies.  

For more top tips and resources on how to protect your IP, check out our Intellectual Property Toolkit.