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Protecting your ideas, products and information

Many businesses think about protecting their brands, products and designs, but your ideas, processes and information are also valuable business assets. Understand how to protect physical and information assets through intellectual property rights, confidentiality or legal agreements.

Identify what you should protect

Ask yourself what gives your business a genuine commercial advantage over competitors. That can include:

  • new or innovative products or inventions
  • new ways to reduce waste, save time, improve quality or solve other problems
  • products with unique or distinctive designs or appearance
  • specialist knowledge, expertise, processes or ways of working
  • confidential business information like supplier relationships or investment plans
  • software, tools, AI models or technical systems you’ve developed

Think about assets over individual products or services

Just one of your business’s products or services could contain several assets worth protecting. For example, a product could include a brand name, an invention, a distinctive design and confidential information that you could protect as a trade secret.

Check if ideas and concepts can be protected

You cannot use intellectual property (IP) protections to protect an idea. But you could use IP to protect your expression of that idea by:

You can get IP information and support at your local business and IP centre.

Other ways to protect important business information

If a business information asset is not suitable for IP protection, you can still protect it by using confidentiality agreements in your business, controlling who can access information and making sure to protect your business accounts and information.

Choose how to protect a product or design

Think about what makes your product different. Choose the type of protection that best protects whatever is unique or special about your product or design. If you are not sure, consider the Chartered Institute of Patent Attorney (CIPA)'s advice on whether to file for a patent or register a design.

If you manufacture, sell or license products overseas, you may need intellectual property protection outside the UK.

Patent protection

  • Protects how an invention works
  • Valuable when your advantage comes from a new approach to solving a problem

Design protection

  • Protects how the product looks
  • Valuable when your product’s appearance makes it stand out from competitors

Keep your ideas confidential

Some business assets may be more valuable when kept secret than when formally registered.

A trade secret is valuable information that gives your business a commercial advantage and that you keep secret from others. Trade secrets can include:

  • your processes for running the business, creating your products or providing your services
  • specialist expertise and knowledge that is not generally known within your sector and which gives you an advantage over competitors
  • code or technical documentation for any technology you build
  • recipes and formulas you use to make your products
  • data your business holds, such as customer and supplier records, pricing strategies and expansion plans

Something is only a trade secret if it is valuable, confidential information that gives your business a competitive edge and you take active steps to keep it secret. Your business may have other confidential information you want to protect, but which does not meet the legal definition of a trade secret.

You can protect confidential information, including trade secrets by:

  • limiting who can access it with passwords and proper document storage
  • marking confidential information in a consistent way so that it is easily identified
  • using legal agreements to limit what information people can discuss or share
  • keeping up-to-date records of who has access to any confidential information

Think before sharing valuable information

Before sharing valuable information, check if someone needs access to all of the information or if you can share a redacted version. If they need full access, consider setting up a legal agreement to prevent them using what they learn to their own advantage. 

Explore the details with free on-demand videos

IP in the real world: Practical know-how for start ups and SMEs on 47 minutes

IP experts share practical advice and real-life examples to help businesses protect and leverage their intellectual property.

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