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Business Intellectual Property Guide

Record and manage your patents, trademarks, copyrights, trade secrets, and other IP assets as part of your estate plan.

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What is intellectual property?

Intellectual property (IP) refers to creations of the mind that are recognised and protected by law. This includes inventions, literary and artistic works, designs, symbols, names, and images used in commerce. IP assets can hold significant financial value and are an important part of estate planning, especially for business owners, inventors, creators, and entrepreneurs.

Types of intellectual property

Patents

Exclusive rights granted for an invention, giving the holder the right to prevent others from making, using, or selling the invention for a limited period. Patents require registration and are available in standard, utility model, and design patent forms across different jurisdictions.

Trademarks

Signs, logos, words, or phrases that distinguish goods or services of one business from another. Trademarks can be registered for stronger protection or exist as unregistered (common law) marks through use in trade. They require periodic renewal.

Copyrights

Protection for original literary, artistic, musical, and dramatic works, as well as software, databases, and digital content. Copyright arises automatically on creation and does not require registration, though registration can strengthen enforcement.

Trade Secrets

Confidential business information that provides a competitive advantage, such as formulas, processes, customer lists, or manufacturing techniques. Trade secrets are not registered but rely on confidentiality agreements and security measures.

Domain Names & Digital Assets

Internet domain names, software licences, database rights, and other digital intellectual property. These assets often require annual renewal and have specific transfer and succession requirements.

Design Rights

Protection for the visual appearance of products, including shape, configuration, pattern, and ornamentation. Design rights can be registered (stronger protection) or unregistered (automatic but shorter duration).

Key terminology

Understanding these terms will help you manage your intellectual property records effectively.

Filing Date

The date an application for IP protection was submitted to the relevant authority. This establishes priority and determines the start of the protection period.

Grant Date

The date when IP protection was officially granted after examination. For patents, this marks the start of enforceable rights. For trademarks, it confirms registration.

Registration Number

A unique identifier assigned by the registering authority, such as a patent office or trademark registry. Essential for tracking and proving ownership.

Renewal Date

The deadline for renewing IP protection. Missing a renewal can result in loss of rights. Applies to patents, trademarks, registered designs, and domain names.

Licensing

Granting permission to others to use your IP in exchange for royalties or fees. Each IP record is marked as exclusively licensed, non-exclusively licensed, not licensed, or not sure.

Estimated Value

The current market or assessed value of the IP asset. This can be based on revenue generated, replacement cost, or comparable market transactions.

How to add intellectual property

Recording your IP assets ensures they are included in your estate plan and can be properly managed by your executors.

  1. Go to Asset Management → Business Asset Tracker → Intellectual Property
  2. Click "Add IP Asset"
  3. Enter the IP asset name and select the type (patent, trademark, etc.)
  4. Select the country of registration if applicable
  5. Add registration details (filing date, grant date, registration number)
  6. Enter the current estimated value and currency
  7. Note any licensing arrangements or revenue details
  8. Upload supporting documents (certificates, agreements, valuations)
  9. Save the record to your portfolio

Document checklist

Keep these documents accessible for each intellectual property asset:

  • Patent certificate or trademark registration certificate
  • Filing and grant confirmation letters
  • Licensing agreements and royalty schedules
  • IP valuation reports or revenue documentation
  • Assignment or transfer agreements
  • Renewal receipts and maintenance fee records

Upload documents

You can upload documents directly to each IP record in your portfolio. This keeps everything in one secure, accessible place for you and your estate administrators.

Intellectual property and your will

IP assets have unique characteristics that affect how they can be inherited and managed after your death. Understanding these factors helps your executors handle your IP portfolio correctly.

  • Registered IP (patents, trademarks) may require formal transfer with the relevant office
  • Copyright passes to your estate automatically but licensing agreements may need updating
  • Trade secrets require careful handling to maintain their confidential status
  • Domain names and digital IP may have registrar-specific transfer procedures
  • Active licensing agreements may continue generating revenue for your estate

Seek professional advice

IP succession can be complex, particularly for valuable patents and international registrations. Consider consulting a solicitor or IP specialist to ensure your will properly addresses your intellectual property assets.

Frequently asked questions

Where should I record IP vs other business assets?

Use Intellectual Property for patents, trademarks, copyrights, trade secrets, domain names, and other IP assets. Use Business Ownership for company shares and partnership interests. Use Business Financial Accounts for bank accounts and investment holdings tied to a business entity.

What if my IP type isn’t listed?

The type list covers general categories plus registered forms for several jurisdictions. If your specific type isn’t available, select the closest equivalent and describe the details in the notes field. Country-specific types are shown when you select the country of registration.

Do I need to record unregistered IP?

Yes, unregistered IP such as copyrights and trade secrets can hold significant value. Recording them ensures your executors are aware of these assets and can take appropriate steps to protect and transfer them. For trade secrets, be careful not to include the actual secret. Just note that it exists and where the information is held securely.

Should I link IP to an existing business entity?

If your IP is owned by or associated with a business you manage through the Business Entities section, linking the IP record to it keeps your records connected. This is optional. You can record IP independently if it is personally held or if the owning entity is not tracked separately.

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