Frequently Asked Questions
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At Lysaght, we know that navigating the world of intellectual property can be complex. That’s why we’re here to make it simple, clear, and stress-free. Whether you’re a seasoned IP professional or a first-time inventor, we’re happy to help with straightforward answers and practical guidance.
If you can’t find what you’re looking for here, or if you’d like to discuss your specific situation in more detail, we offer a free 30-minute consultation for all new clients.
What is Intellectual Property (IP)?
Intellectual Property (IP) refers to legal rights that creators or businesses hold over their works such as inventions, designs, brands, and written pieces. These rights allow for exclusive use and protection within specific jurisdictions. Below, you'll find definitions and key differences across the main IP types of patents, registered designs, and trade marks.
Patent FAQs
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A patent protects a new, inventive and industrially-applicable invention and grants the patent proprietor the exclusive rights to exploit their invention for a fixed period. Patents can, for instance, be granted for a new product, a new component of an existing product, or a new use of an existing product. Once the patent term has expired, the invention falls into the public domain. A typical patent example is the chemical compound for a new cleaning product.
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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.
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A patent grants exclusive rights to an invention for a defined period, provided certain conditions are met. Its key features include:
Territorial scope:
Patents are territorial rights. Protection is granted in a specific country or group of countries, and separate applications may be required for each jurisdiction.Novelty requirement:
To be patentable, the invention must be new. It can be a completely new product, a novel improvement to an existing product, or a new use or application of a known technology.Limited term of protection:
Patents are typically valid for a fixed maximum term - commonly 20 years - subject to the payment of annual or periodic renewal fees in many jurisdictions.
Design FAQs
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A design protects the outward appearance of a product based on its shape, configuration, pattern and/or ornamentation and grants the registrant exclusive rights to exploit the design for a fixed period. Registrability does not include any graphic elements applied to the product (which may be protected by trade mark registration) or the product's use, function or mechanics (which may be protected by patent registration). The design’s features must be new and not previously disclosed to the public. Once the design has expired, it falls into the public domain. A typical design example is the shape and style of a new cleaning product’s bottle.
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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).
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Design registrations protect the visual appearance of a product rather than how it works. The key features of a design include:
Territorial scope:
Like patents and trade marks, designs are territorial rights. Protection must be obtained separately in each country or region where coverage is required.Appearance-based protection:
Designs do not protect function. Instead, they safeguard the overall look and feel of a product — including features such as shape, pattern, colour, texture, and ornamentation.Limited term of protection:
Design rights are granted for a specific maximum term, and in many jurisdictions, continued protection depends on the payment of periodic renewal fees.
Trade Mark FAQs
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A trade mark is a recognisable sign that identifies and distinguishes a product or service from others in the marketplace. It must be distinctive and differ sufficiently from existing trade mark registrations to avoid confusion for the consumer.
A trade mark is usually a word, logo or slogan, but it can also be a sound, colour, or a combination of any of these. A typical trade mark example is the brand name of a cleaning product.
Registering a trade mark isn’t just a task for large companies. If you have a product or service that could benefit from a trade mark, you should protect your identity, whatever the size of your operation.
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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.
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Trade marks are intellectual property rights that protect distinctive signs used to identify goods or services. Their key features include:
Territorial coverage:
Trade mark protection is territorial, meaning a registration must be secured in each country or region where protection is required.Defined scope:
Registrations apply only to the specific categories of goods and services listed in the application. This classification system helps prevent overlapping rights in unrelated industries.Ongoing validity:
Trade marks can remain in force indefinitely, provided they are renewed at regular intervals - typically every 10 years - and remain in genuine use.
General FAQS
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.