The Patent Box Workshop: Liverpool Inventors Club

The patent box is a tax concession to encourage businesses to invest in research and development in the UK. With 4,733 filings in 2012 (down from 4,757 the previous year) the UK trails the USA (35,222), Germany (27,295), Japan (22,700), France (9,879), Switzerland (6,617), South Korea (5,711) and the Netherlands (5.067) in the number of European patent applications British industry needs every fillip it can get.

In my introduction, I explained what a patent was, why businesses might want one, how to get one and how much a patent would cost.

The Patent Box: Introduction to Patents from Jane Lambert

Vince Walker, tax partner of BDO in Manchester, discussed R & D credits, outlined the patent box, the conditions for the concession together with a worked example.

R & D Credits and the Patent Box from Vince Walker

I reminded the audience that patents were not the only IP and that patents were not always suitable for every businesses. I suggested a number of alternatives and gave some tips on developing an IP strategy.

The Patent Box: Alternatives to Patents from Jane Lambert

Should anyone wish to discuss any of those presentations, please call me on  on 0161 850 0080 or 020 7404 5252 or fill in my my contact form. You can also follow me on Facebook, Linkedin, twitter or Xing.

North West Fund Progress Report

The North West Fund describes itself as "a £155 million evergreen investment fund established to provide debt and equity funding to small and medium sized enterprises in the North West of England." It is said to "address an identified gap in the lending, venture capital and private equity markets." I mentioned its launch in "The North West Fund" on 21 Dec 2010 and also a presentation by its Chief Executive Officer to the Daresbury Business Breakfast in "The North West Fund: Inspiring Entrepreneurs and Financing Ambitions" on 11 May 2012.

According to James Graham, Deputy Editor, North West of The Business Desk, the fund has invested £54 million in more than 180 businesses since its launch.(see "North West Fund hits £50m milestone", 17 April 2013).  The companies in which it has invested recently include:

• ComplianceControl of Northwich which provides electronic quality management systems that facilitate  regulatory compliance and validation in the pharmaceuticals and life sciences industries;
• Bioxydin of Manchester Science Park which develops and applies new diagnostic imaging tools and imaging services;
• Senselogix of Chester which develops a range of energy measurement and control products, to support the reduction of carbon emissions;
• Molplex of Macclesfield which assists in the development of new drugs; and
• Redtree People of Cheshire which connects clinical research professionals with pharmaceutical companies and contract research organizations.

There are a number of case studies on the Fund's website.  

That website contains two useful features: an eligibility check list which sets out the criteria for funding such as location, number of employees and industrial sector and a summary of the funds available for qualifying businesses. Helpfully, the fund also provides a business plan template for such candidates.

Most of those businesses are technology rich with an abundance of intellectual assets and it is usually the legal protection of those assets that attracts funding. Those seeking funding will require advice on company law, contracts, employment, tax and, of course, intellectual property. I can help with IP and now that I am in 4-5 Gray's Inn Square I have colleagues who can help with all these other issues. Should anyone require advice or representation on any aspect of launching a new business, please call us on 0161 850 0080 or 020 7404 5252 or fill in our contact form. Our chambers are developing a strong presence in North West England as well as London.

If you want to talk to me about this article, you can reach me through my contact form or call me on any of the above numbers. You can also follow me on Facebook, Linkedin, twitter or Xing.

The Patent Box

The main contribution from our chambers to World Intellectual Property Day 2013 will be Liverpool Inventors Club's workshop on The Patent Box at the offices of Jackson & Canter LLP at 88 Church Street, Liverpool, L1 3AY on Monday 29 April 2013 at 16:00.

I shall give a short overview of IP and patenting to lay the ground for the main speaker, Mr. Vince Walker, tax partner of BDO LLP. Vince is an expert on the patent box and R & D credits so it is quite a coup to book him.

The patent box is a valuable tax concession to encourage research and development in the UK. Companies that qualify for the concession pay corporation tax on revenue derived from their patents at a greatly reduced rate. Further information on the concession is available on the Intellectual Property Office and HMRC websites. Vince will take us through the conditions for the scheme including in particular what is meant by "qualifying patents" and "qualifying income."

The patent box does not cover every type of intellectual property and it is not available to every business. Even for companies that could qualify it may not be the best option. I shall close with a brief summary of other ways of protecting innovation such as design rights, copyright for software and services and trade secrecy and a few tips on IP strategy.

Admission is free but tickets are limited. If you want to come you need to register on-line.  For further information on the event call Michael Sandys of Jackson & Canter on 0151 282 1700.

Postscript
We have now had our workshop and it went very well. You can see my slides and those of Vince Walker here.   We are planning similar workshops in Manchester and Lancaster for later in the month as well as others in Leeds and London.

Not Backward at Coming Forward - NW England leads bids for Regional Growth Fund with Yorkshire Number 2

According to the Department for Business, Innovation and Skills ("North West leads applications for Regional Growth Fund" 5 Apr 2013) there have been 309 applications for the fourth tranche of the Regional Growth Fund ("RGF"),.

North West England is the region with the largest number of bids with Yorkshire and Humber as number two.  According to the Departmental press release, there have been 58 applications for £315 million of the £350 million from the North West.  Yorkshire and the Humber sought £230 million for 39 programmes and projects and the North East £215 million for 31.

London, which is arguably the most dynamic region of the country came bottom of the list with a request for a measly £32 million for 6 programmes and projects and the East of England second from last seeking £47 million for 13.  

I am tempted to say something sarcastic but I won't.

For my previous articles on the RGF see:

• 2 June 2011 "Tarzanned! RGF Roadshow York 1 June 2011" Inventors Club
• 31 Oct 2011 "Regional Growth Fund: who got what in North West England"
• 31 Oct 2011 "Regional Growth Fund: who got what in Yorkshire", IP Yorkshire

The Patents County Court Small Claims Track

In my Inventors' Club blog I wrote on the 19 Sept 2012 "Soon there will be a Remedy if Someone steals your Idea" and I followed it up with a presentation on the new court to the Sheffield Inventors Group on 1 Oct 2012 which you can download from my IP Yorkshire blog (see "How Small Businesses in Yorkshire can protect their Intellectual Property" 14 Oct 2012). I repeated that presentation to the Liverpool Inventors Club on the 29 Oct 2012.

Since those presentations I have had two cases in the small claims track from clients in the North West.   One of those cases settled very quickly but the other has been set down for hearing.

One of those cases had been started before The Civil Procedure (Amendment No.2) Rules 2012 came into effect and had to be transferred to the small claims track.  That did not go smoothly and at one point the claimant was told to apply for a case management conference even though there is no provision for such hearings in CPR Part 27 or the Part 27 Practice Direction.   However, before that could be done the district judge had another look at the court file and gave directions based on the standard directions in  Appendix B of the Part 27 Practice Direction.

In her order the judge encouraged the parties to use the free Small Claims Mediation Service at the County Courts Money Claims Centre in Salford .  There is apparently a different administrative procedure for mediating small intellectual property claims and it does not seem to be moving very quickly.

The district judge directed:

• a final hearing 2 months from the date of the order
• copies of the documents on which each party relies to be exchanged not less than 14 days before the date of the hearing (which documents were specified in some detail);
• inspection of original documents;
• the arrangements to be made should video or other electronic evidence be produced;
• the parties not to produce expert evidence; and
• the exchange of skeleton arguments;

and spelt out the consequences of non-compliance.

The small claims track now appears to have a room of its own in the Thomas More Building of the Royal Courts of Justice, its own clerk and telephone number.   The clerk to the district judges is J Blacbourn who can be found at room TM2.11 (Tel 020 7387 6187).

Although this procedure is intended to be used by litigants in person there are a number of pitfalls for the unwary.   Hutchinson IP, JWK Solicitors and I have teamed up to offer a fixed price litigation and advocacy service for IP claims in this track.   A flat fee of £1,200 + VAT covers settling the particulars of claim or defence, a written advice on preparation of evidence, a skeleton argument and representation by me at the final hearing.   If you want to take advantage of this service please contact Tom Hutchinson of HutchinsonIP or Craig Hollingdrake of JWK.

If you want to want to discuss this article, call me on +44 0161 850 0080 or send me an an email through my contact page. You can also follow me on Facebook, Linkedin, twitter or Xing,

JWK Solicitors - a new force in IP

The solicitor who sat behind me yesterday in Twentieth Century Fox Film Corp and Others v Harris and Others [2013] EWHC 159 (Ch) (5 Feb 2013) was Mr. Craig Hollingdrake of  JWK Solicitors in Lancaster (see "Twentieth Century Fox v Harris - very interesting but what exactly was that case about?" IP/IT Update 6 Feb 2013).

JWK Solicitors are a merger of Jobling & Knape and Whiteside & Knowles which took place last year but Craig and I go back much further than that.   I have known him ever since he was an articled clerk which was in 1987 according to his web page.   He and I have had some good wins over the years scoring victories over some of the most prestigious law firms in the country.   Most of these were in intellectual property but we have worked together in company, contract, partnership and general chancery and commercial cases as well.

Although I have worked mainly with Craig I have looked after most of his partners too.   Peter Bujakowski, now a director of the merged firm, turned a committal application where our client was looking at a spell inside and indemnity costs into a £20,000 costs payment to us through patient but tenacious negotiation. Ian Gee first consulted me about an ostrich farm.   However, he is an expert in aviation law with his own pilot's licence. He literally flies in for cons.

I have also worked closely with some of the younger fee earners such as Kate Shawcross and Lee Hughes who are developing IP practices.   Jobling & Knape were always very good at bringing junior staff on.   Gina Hodgson  and Maria Nelis joined as support staff and are now important fee earners.    I first knew them when they worked for Peter and Craig.

JWK have a lot of experience of intellectual property   They can provide.contentious as well as non-contentious services in patents, copyright, trade marks, designs, breach of confidence and domain names.

Craig and I offer two integrated services which are of special interest to startups and other SME:

• Fixed price representation in the small claims track of the Patents County Court (see my presentation "The Patents County Court Small Claims Track" 1 Oct 2012 for details); and
• Fixed price representation in ICANN and Nominet domain name disputes (see NIPC Domains for details).

Should anyone wish to learn more about those or any other services, please call me on 0161 850 0080 or send me a message through my contact form. You can also follow me on Facebook, Linkedin, twitter and Xing..

Preston: The Harris Museum

Last September I blogged about Preston Guild, an extraordinary city wide celebration which takes place once every 20 years.  One of the events that I attended was the Ladies of the Guild reception where I met a number of interesting women who play a prominent rote in business, local government and the professions in Preston.  One of those ladies was Gemma Rooke, Business Development and Fund Raising Assistant at the Harris Museum and Art Gallery.

The Harris is an important institution for the country and not just the city and region.   It houses several of the works of Preston's best known artist, the 18th century portrait painter Arthur Devis, his son Arthur William who is best known for his Trafalgar paintings and Arthur's brother Anthony who painted landscapes. There are also important watercolours, sculptures and books in the Museum's Fine Art Collection,  Fine Arts, moreover, is just one collection.   Others include archaeology, costume and textiles, local history including everything one could possibly want to know about the Guild and a fascinating collection of scent bottles from the 18th century.

For me the most interesting thing about the Harris is its work in the community which extends way beyond Preston and North West England as The Cotton Exchange Project shows.   One of the events to which Gemma kindly invited me was "Doing Business at the Harris" on 4 Dec 2012. Sadly, I was travelling back from court in London that day so was unable to attend.  The highlight of the event was a talk by John Ward  of Napthens.  

That firm represented the successful party in John Richardson Computers v Flanders and Another [1993] FSR 497 one of the early  cases on copyright in computer software.  One of its current intellectual property practitioners is Benjamin Dredge to whom I have recently linked through Linkedin.

I am looking forward to doing much more work in Preston.   I am planning a half day seminar on recent developments in IP for local practitioners in Spring which will include talks on the new small claims jurisdiction, the patent box and the unitary patent.   Should anyone be interested please call me on 0161 850 0080 or use my contact form. You can also follow me on Facebook, Linkedin, twitter and Xing.