To ensure that intellectual property (IP) registration will bring the expected benefits for your business, it’s worth considering a few preliminary steps before starting the application process.

At the same time, the IP registration can be a complex process with various requirements to follow. Therefore, it’s often a wise decision to seek advice from an IP expert.

Here are the main issues to consider:

• Identify your IP assets: determine which of your intangible assets can be protected by IP rights (see: What is IP?) and verify which would require registration with the relevant IP office, such as trade marks, designs or patents.

• Establish an IP strategy: consider your market, potential competitors, the current stage of your business, your objectives, and your plans for geographical expansion. If you have various IP assets, you might need to prioritise them based on the aforementioned factors and the specific requirements of different IP rights, such as the novelty requirement for designs and patents (see: IP strategy creation).

• Decide where to apply: depending on the geographic scope of your company’s operations and your business strategy, you might decide to register your IP in specific countries (in or outside the EU), or, for example, in the entire territory of the EU.

• Conduct a preliminary search using IP databases: leverage publicly available databases to ensure that the IP you wish to protect has not already been registered. You might also want to verify if any similar IP rights exist. In doing so, you could avoid your application being challenged during the process, or even after the registration. Below you will find links to some of the publicly available databases that contain information on IP rights registered in the EU or even worldwide:

          Trade marks: TMview

          Designs: DesignView

          Patents: Espacenet

          Plant varieties: EU database of registered plant varieties (search CPVO register)

          Geographical indications: GIview

          EUIPO GI hub 

          EURid for ‘.eu’ domain names 

• Verify the eligibility for registration: before filing an application, ensure that registration requirements are met. Keep in mind that some registration procedures require a fee. Consult the website of the competent IP office where you want to register for the applicable requirements, as well as current registration fees.

• Maintain confidentiality: for some IP rights, like patents and designs, a disclosure made prior to filing an application can undermine its success due to the novelty requirement (subject to limited exceptions laid down by the relevant laws). In case of other IP rights where a previous disclosure does not affect the registration, maintaining confidentiality can prevent your competitors from anticipating your application (see: IP confidentiality).

The steps above offer a general overview. Different IP rights may require further action. In the case of trade marks, for example, you will need to identify the goods and services that your trade mark will cover. For more details, consult the website of the competent IP office where you want to register the IP right in question.

Take care of your business’ future – protect your business by registering your intellectual property now!