We regularly advise tech businesses on protecting their intellectual property — not just trademarks and patents but also the contracts behind the code.
Too often, we see founders discover that their developer actually owns the IP, hosts it on their servers, and can cut off access during a dispute. This can cripple a platform overnight, costing daily revenue, damaging goodwill, and forcing lengthy litigation.
Recently, we acted for a company whose overseas developer shut down their platform and denied access to the code. The contract was silent on IP ownership and jurisdiction, leaving the business paralysed while we fought to recover control. It’s an avoidable but common situation.
How to protect your intellectual property
Start with the basics: check your brand and name
Before spending on marketing, check that your name or logo is available through the UK Intellectual Property Office. Even if a trademark isn’t registered, someone using a similar name for years may still be protected under common law “passing off.”
We once advised a start-up that spent thousands on branding and packaging, only to receive a cease and desist letter as soon as they moved into Europe. Their name and colour scheme were too similar to an established competitor. They had no choice but to rebrand — an expensive and demoralising lesson.
Trademarks can protect words, shapes, colours, and even sounds, so don’t assume minor differences will be enough to avoid challenge.
Patents and processes
Patents protect innovative inventions and processes, but the bar is high — they must be new, inventive, and capable of industrial application.
The process can take up to five years and cost several thousand pounds, but once filed, your idea is protected. Patents also open doors for licensing opportunities, patent box tax relief, and funding.
Always use NDAs before discussing your invention, limit access to technical details, and keep records of your development stages.
Understand timelines
Trademarks: take around three to four months to process and last for 10 years (renewable).
Patents: can take several years but offer long-term exclusivity once granted.
Can you protect an idea?
In short, not usually. Unless your idea is developed into a tangible asset (design, process, code, or documentation), protection is limited.
You can, however, safeguard it through:
- Non-disclosure agreements (NDAs) to prove breach or misuse.
- Contracts that restrict staff or collaborators from taking trade secrets or IP.
One client’s employee left with supplier data and recipes. Because they had strong confidentiality and IP clauses, we secured not just the data’s return but also profits and IP passed to a competitor.
The rule is simple: trust no one until the paperwork is in place.
The contract is everything
Whether you’re hiring external developers, using subcontractors, or managing employees in-house, your contracts are the backbone of your IP protection.
For staff and in-house teams, contracts should:
- Restrict access to only the information they need for their role.
- Contain robust confidentiality and restrictive covenant clauses to prevent employees from using or sharing information, especially after they leave.
- Include clear IP assignment clauses confirming that anything created in the course of their employment belongs to the company.
But when it comes to third-party contractors or developers, this is where the real danger lies. If they are the ones creating or developing your IP, ownership automatically remains with them unless a written contract explicitly transfers it to you. In the UK, IP rights do not pass to another party unless it is clearly documented in writing — silence on this point means they keep ownership.
If the contract states that ownership will only pass once certain milestones are met or once invoices are paid, your IP can effectively be held to ransom. This can become a major problem later, particularly if you want to sell your business, raise investment, or modify the technology.
Ideally, your agreement should confirm that ownership of all IP created under the contract transfers to your company immediately, regardless of payment stages or project milestones. This ensures you retain control of your platform, software, or code at all times.
You should either:
- Provide your own well-drafted terms and conditions to third parties, or
- Carefully review and, if needed, negotiate their terms before signing.
Finally, think about practical control as well as legal rights. Even if you own the IP, where is it stored? If your developer holds all the data and code on their servers, could they restrict access or take your system offline during a dispute? Make sure the contract also covers access, transfer, and storage of data to prevent your business from being locked out.
A clear, legally sound contract gives you both ownership and control, protecting your technology, your revenue, and your future exit plans.
Practical steps
- Audit your IP — know what you have and where it sits.
- Update your protections regularly as your business evolves.
- Budget for IP protection — it’s far cheaper than rebranding or litigation.
- Secure contracts with staff, freelancers, and developers early.
Protect your platform from day one
Our team combines tech insight, company commercial expertise, and litigation experience to protect your intellectual property and prevent disputes before they start.
We help you:
- Secure clear IP ownership in staff, contractor, and developer contracts.
- Mitigate risk through foresight, negotiation, and practical control.
