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Welcome, this guide is meant to answer some of your more basic questions regarding intellectual propperty and intellectual property rights. It is meant for anyone wanting simple and easy to understand information about intellectual property rights. It is ideally suited for those who want to sell their products on selling platforms like Etsy, e-Bay, and Shopify.

While this is meant to be a very generic guide answering some basic questions about intellectual property, it is based on Intellectual Property Law of the United Kingdom. Law is an opinion that is continuously changing and on this page, you are receiving an opinion. This means, if you are reading this from another country then your laws may be different. Likewise, if you are looking to sell your product on a platform then it is importnat you are aware of the site’s rules, as they may vary from intellectual property law. Furthermore, since this is a guide it is not meant to answer specific questions regarding intellectual property and any questions should be answered by a qualified legal professional in your jurisdiction or in the jurisdiction that you wish to sell your product.

1. You can use IPR (Intellectual Property Rights) to protect an idea.
   

   No. IP regards the form your idea takes and IPR provides protection based on the form your idea takes. This means, IPR only becomes applicable after you ‘commit pen to paper’ to create your idea and it does not protect your idea. If you wish to discuss your idea with somoneone then it is a good idea to sign a nondisclosure agreement before any discussions occur.

2. It costs a lot to create something that is protected under intellectual property law.
   

   There are four (4) types of intellectual property rights in the United Kingdom: copyright, design rights, trademark, and patent. Trademarkand patents do require a nominal fee to process. However, copyright proptection attaches the moment you publish your work and it can protect a photograph, which only requires your time to photograph and edit. So, in some cases the only thing that is needed is your time to create something in order for IPR to attach.

3. For intellectual property rights to be profitable, you must own a patent.
   

   There are many ways to profit from intellectual property, such as selling the rights, licensing the rights, exclusive license, franchising, workshops, speaking engagements, and in some situations spin out companies

4. If a photograph or a book is on the internet, for example, then you can use it.
   

   In the UK for example, the moment a piece of work is published on the internet the author of the work obtains copyright protection. The use is subject to any license the author or publisher may offer. If there is no license, such creative commons or open source, then it can be assumed the work cannot be used unless you have permission from the owner of the work.

5. If someone gives you a free copy of software then you are not violating intellectual property law
   

   Software creates a copy on your hard drive, which means you will need a license to install the software. The license will determine if the individual has the right to provide you with a copy.

   If the software is software where you need a subscription, like photo editing or anti-virus, then it is highly unlikely that the individual has the license to provide you a copy. However, if it is open source or creative commons, fo example, then it is possible that the license will allow them to provide you a copy but the answer will lie in the licensing agreement.

6. You can copy a book or a video, for example, to use for non-academic use or non-commercial use
   

   Usually, if it is for academic use and the license allows for academic use then most likely you can create a copy. As for non-commercial use, this is different than academic. You will need to read the licensing terms closely

7. to protect a copyright you must register it.
   

   In the UK copyright attaches once published. However in other jurisdictions like the United States, copyright can be registered or not.

8. Copyright only lasts until the creator dies
   

   Generally speaking copyright will last up to 75 yearsafter the creator dies.

9. Patent protection lasts forever.
   

   Patents are costly and easily will cost you tens of thousands of pounds to file your application. Before you even file the patent application you will need to undertake a commercialization exercise. This will involve, identifying the potential IP and if there is a market for it. As a part of this excercise you will learn if someone else have develop something similar, if they already have a patent, and what you might be able to earn from the patent. From there you incur legal fees to draft the application, to file it, to answer questions, and if needed, defend you application. If your applicaton is approved, the longest patent protection will last will be 20 yers.

10. Creative Commons license allows you to use anything with a Creative Commons license.
    

    This is a misperception regarding open source and creative commons licenses. Each will specify how you can use the copyrighted material and any violation could be costly for you.

11. Open Source means you can freely use the work.
    

    No it does not. Creative Commons and Open Source are ways of licensing copyrighted work. When using either, it is recommended that you read and follow the licensing terms regarding use. Otherwise, you may find that you are defending a copyright violation lawsuit. https://www.losey.law/intelligence/100-open-source-licensing

12. Intellectual Property Rights hinders research
    

    Take a moment and imagine a world without IPR protection. The first thought will be a world full of research with amazing advancements. Now, stop and think. Would it be a uptopia or would it be a world where technological advancements to do not exist because research cannot occur because there is no minimal safety level.
    
    I have heard this argument many time. I believe, IPR protects the researcher, the university, and or the company that developed the IP. By providing a secure environment thereby providing confidence to allow research to develop thereby benefiting all of us.

13. Intellectual Property Rights favor rich countries and large corporations
    

    There is an international standard for intellectual property law, WIPO (World Intellectual Property Organization). The WIPO sets the standard for international property law and the member countries sign up to it. IP law is not something that significantly varies between each country but instead follow an established standard.

14. Intellectual Property law only applies to large multi-national companies.
    

    It is easy to believe that intellectual property law only applies to large multi-national corporations. The reality, intellectual property law applies the same to a large multi-national corporation, the single proprietor photographer, and the mom or dad that runs their own online business through a platorm.

15. If you make small changes to a trademark name you can use it
    

    This becomes a very complicated and gray area, especially if you will be competing against the trademark owner. It is likely you could face litigation claiming you breached their trademark and or be sued for passing off. The most likely outcome is your registration will face challenges because it sounds too similar to a registered trademark.

16. You can own the intellectual property rights for making superficial changes to a copyrighted or patented work
    

    This gets to be a very gray area. You can look around you and find probaly hundreds of examples where something new took an idea from the past. For example, the Flintsones were based on the Honeymooners. Likewise, you could argue the Middle is based on Roseanne. In both examples, they took an idea and evolved it into something very different.
    
    In contrast, you do not have to look far to see where the idea did not evelove and resulted in copyright violation, see for example Queen’s and David Bowie’s claim against Vanilla Ice.
    
    Intellectual property is about creating something new. If you make superficial tweaks to a current product, at best you cannot claim protection and at worse, you could find yourself defending an intellectual property lawsuit.

17. You can use a trademark name as a comparison, such as ‘similar’ or ‘like’.
    

    This is a very gray area and unless you have the funds to fight a trademark violation claim, it is best to stear clear.

18. If you create something at work that is protected by intellectual property law then you are the owner of the IPR.
    

    In the UK, unless your contract of employment or your employer’s IP Policy states differently, then any IP created by an employee in the course of their employment is owned by their employer.

19. If you hire a photographer, for example to a wedding or a portrait, you own the intellectual property rights to the photographs taken of you.
    

    Unless you have a contract that states otherwise, then in the UK it is very probable that the photographer is the owner of the copyrights to photographs

20. There is no way to report copyright or trademark infringement
    

    This is the way many companies make their income from intellectual property. Most larger corporations will have information on how to report suspect copyright and intellectual property right violations to them.

Overview of this Guide

Thank you for taking a few minutes of your time to use this guide to help you consider if you are applying to a university in the United States. This guide is an opinion, based on my experience with the university system in both in the United Kingdom and the United States. It is meant to be an overview and it should not be used as a substitute when you are able to get more specific or current information. Instead, this guide should be seen as an opinion regarding the United States university system, how it differs from the UK system, and how to prepare for education in the United States. It is estimated that 40% of US university students will drop outafter their first year and to study abroad is a life changing decision. This means planning to study abroad, especially in a country where drop out rate is 2 out of 5 for 1st year students means the decision should not be made lightly. Therefore, this guide will provide a piece of information in the vast amount of information you will access in determining if applying to a US university is right for you.

Plan Early: US Education System is Vastly Different than the Education System in the United Kingdom

In all honesty, the United States education system is vastly different than the education system in the United Kingdom and the earlier you can plan the more options you will have. Ideally, you should begin exploring the idea in year 8 and begin looking at university requirements in year 9. Then in year 10 you can begin identifying A-level course or deciding to undertake international baccalaureate. At the end of year 10 and after you receive your GCSE results, you can begin narrowing your search. In year the second part of year 11 you should plan to take either the ACT or SAT. Finally, right away in year 12 you should apply.

When you research US universities and begin applying to a US university, it is best to forget everything you know about the UK university application system. The US system does not operate a centralised system and the prospective student will need to apply to each university directly. It is worth noting, each university will have its own requirements and application. Due to the difference application to a US university broadly varies in 4 ways, application process, education background, admission testing, and grading.

US University System Operates a Competitive Application Process

This section will cover the basics of the application process including how to identify potential universities. Other issues like fees, testing, and standards will be discussed in other sections of this guide.

When applying to a US university, it is important to realise the application process is competitive. Competitive means grades and test scores are considered, but so are the applicant’s extracurriculars. Meaning, how you answer the essay, what you have done outside of school, and who you are as a person are all taken into consideration. Therefore, the process is competitive because the whole person is considered, which means, just because you may match the university on paper, it does not necessarily mean your application will be automatically accepted.

application process is competitive

Targeting your application

If you do relatively well on your GCSE’s, A-levels, and your US admission test you should be able to find a university suitable for you. The challenge is knowing where you fit into the structure. A lot will depend on your understanding of the university, your planned major, and how your profile matches those who have been accepted. So, the more you understand about the potential universities you are targeting the better chance you will have in applying to the right university. Targeting your application requires a bit of strategy and understanding how your potential major fits into acceptance rate. Unlike the UK structure of Russell Group and non-Russell Group, the US uses a Tier Structure. The tier system is based on acceptance rates, which determines the competitiveness of the school, the grades of the student, and the student’s admission test scores along with their background.

Unlimited number of applications but each university will charge you a fee to process your application

Unlike the United Kingdom’s approach to university applications, the United States does not have a limit on applications you can make nore does the United States system require you to go through a centralised application clearinghouse. Under the US system, you will make an application directly to each university and the university will typically charge a fee to the process your application. The fee will vary from about $30 to $100 (for more selective universities) per university. If you are applying to 10 universities you can expect to pay in the range of $300 to up to $1,000 for your applications.

As for how long a reply will take, again it depends on several factors like the university, how close you apply to the deadline, the department, and your proposed major. Usually, the wait can be between 1 – 3 months for a reply once you have sent your completed application

Application Deadlines

Since the United States does not offer a centralised application system, each university is able to set their own application deadline and able to set deadlines for specific group of students. Some universities will offer early decision with an application deadline being in typically in October and the usual deadline being around January or shortly after the new year. Some of the universities, especially in Tier 4 and Tier 5, will offer the ability to apply through late spring or early summer. Nonetheless, it is important to be very conscious of deadlines since each university will set their own deadlines.

be conscious of deadlines since each university set their own application deadlines

Finally, application decision can fall into one of four categories. Full or unconditional acceptance means you have been accepted without conditions. So, you will have to inform the university if you are going to accept their offer. Second type if a conditional acceptance, this can be on condition of completing your coursework with satisfactory grades, obtaining a student visa, or various other conditions. Third type, is waiting list meaning you have not been accepted nor rejected. It means, you have been placed on a list to see if students do not accept and if there is a place for you. Final, is rejection of your application.

Crash course in the US High School Diploma

The US operates a high school diploma system which is very similar to the international baccalaureate and the vast majority of universities will require that students continue taking a variety subjects, usually this includes further study of mathematics, English (composition and a course in literature), physical sciences, social sciences, and the humanities. This additional study means a US bachelors degree is 4 years instead of they typical 3 years for a UK degree.

There are a few reasons for the requirement of additional courses. One thought is to make the student a much more broader thinker by giving the student to solve a problem by approaching the issue from various perspectives. Another thought, by giving students opportunities in different subjects, it may open them up to areas that they did not consider for a degree. Final thought, by giving students a broad foundation it allows them to take more advance course and it makes it easier for them.

Terminology

University versus College

To help you navigate the US higher education system it is important to clarify some terminology. In the UK college tends to be equivalent to a US vo-tech or junior college. Menaing the institution focuses on trades and or adds a very university level courses. However, in the United States college has a very different meaning. College, in the United States, means a 4 year institution that offer limited or no advanced degrees (e.g. masters or PhD). This means a college, in the United States, is the same as a university with one small difference and that difference lies in the opportunity for post graduate study.

BSc versus BA degrees

I am not sure in the UK if there is much difference between a BA and a BSc and I typically see in the UK BSc degrees being offered. In the United States many students are offered the opportunity to choose to study for a BA or BSc. A BA is typically offered at liberal arts colleges and Universities. Liberal arts are a university or a college that typically offers limited post graduate study and focuses on offering courses in the classics, humanities and social sciences. A BA degree will focus more on a wider education program drawing from the foundation courses and de-emphasises the major and many BA degrees will require 2 years of a foreign language. Whereas a BSc degree, focuses more on the major, de-emphasises the foundation courses and unless the major is a foreign langue, a BSc will not require a foreign language to graduate.

Strategy

Applying to a US university will require a bit of strategy by a prospective UK student. From my experience, people in the UK believe their approach to education is superior, with GCSEs and A-Levels. While some US universities may treat A-levels as a US advance placement course: a strategy that involves taking and then doing well in ‘soft touch courses’ like media studies, psychology, art, art history, business, or basket weaving at A-level will open up Tier 1 and Tier 2 schools is sadly mistaken. US universities, especially at Tier 1 – Tier 3, want to see students that have undertaken a rigorous academic coursework that have challenged them like STEM courses.

The issue, I believe for UK students considering studying in the USA, is the current GCSE and A-level system. Unless, the UK student undertakes 5 A-levels in maths, English, 2 physical sciences (e.g. chemistry, biology, and physics), and a social science (e.g. psychology, history, sociology) may struggle to adapt to the rigors of the US system and the requirements to study a variety of topics as a part of their undergraduate degree. Therefore, I would recommend, any UK student considering studying in the USA to undertake the international baccalaureate instead of A-levels.

Finally, as a part of your strategy you should develop a 70-20-10 list. 70% of your list should comprise of schools you are most likely to be accepted, 20% of your list to include schools you might have a chance, and the remaining 10% your dream schools

Admission Testing

A-levels are arguably a form of admission testing since each student has to sit A-level exams, and the results of those exams determine if the student qualifies for admission to a UK university. In the US, university admission decisions are split across three areas: grades at high school, university admission testing, and extracurriculars (things you have done outside of school). Each university has their own requirements regarding admission testing and the weight they give to test scores but generally speaking, there are two tests the SAT and ACT. From my knowledge and understanding, SAT tends to be preferred by many of the Tier 1 schools. The SAT covers maths and English, which closely correlate to intelligence. ACT covers math, English, science, and reading comprehension.

Grading

Unlike in the UK, US students from junior high to post-graduate work in the USA, regularly undertake teacher written tests. Testing is very much a part of the students experience and students are graded that ultimately lead to their final grade. Teachers will employ one of two grading systems, a straight percentage or grading on a curve. Grading on a curve assigns grades based on the population of students who took the exam and by grading on a curve removes any test bias from poorly written questions that may lead to the test being too hard or too easy. Percentage is assigning a grade based on the percentage of correct answers.

From my experience, if you prepare well for an exam then grading on a curve will favour you and when I was graded on a curve, I tended to do much better. However for a teacher to use a curve requires a lot more work. Whereas, grading on a percentage is a lot easier since it does not require calculations. At the end of each semester a student will receive a report card showing their grades and their GPA, grade point average. Meaning, their grades are weighted and then averaged to arrive at their semester and overall GPA. The overall GPA and class ranking is what many universities will consider when reviewing an application for admission.

Fees and Cost

US universities do not have a blanket tuition charge like in the United Kingdom. Generally speaking, state supported universities tend to charge less for tuition. However, unlike the UK universities, US universities provide on campus housing and meal services for their students. While, each university differs, broadly speaking, most US universitas will require freshmen (1st year students) and sophomore (2nd year students) who live more than 25 miles from campus to live on campus. This means when reviewing costs for a US university the cost will be split into three parts, tuition, dorm (campus housing), and meal plan. Other costs like books are not included in the cost.

As for paying for US universities, if you have exceptional grades and you are able to qualify for a Tier 1 or Tier 2 university, it is possible that you may be offered an academic scholarship that will cover a part or all of your expenses. If you are not offered an academic scholarship or the scholarship does not cover all of your costs, you can look to apply to other scholarships. Scholarships are competitive and tend to be open to a certain class of students. So, before taking the time to apply, make sure you understand who can apply and the deadline for applying.

If the scholarship route is not available to you this raises the question regarding financial aid. Unless you have a parent that is a US citizen that meets the requirements for federal financial aid, it is highly unlikely that UK financial aid will cover the cost and depending on the university, they may not accept UK financial aid. This means, it is likely loans from a bank will need to be taken.

Final Thoughts, Advice, and FAQs

Transferring

I am not going to spend a lot of time on this, hence the reason for putting this under a miscellaneous heading. Under the US university system and subject to any visa restriction you may have, it is likely that if you do not like your university then you can transfer without having to start over.

Advice

The best advice, I believe, for a UK student considering applying to a US university is to plan early and the earlier the better. I say this because a US university tuition, is significantly more than what the UK university will charge and you will need to identify potential source of additional funding. Furthermore, if you do not hold US citizenship, you will need to apply for a US student visa and this will take time.

My next piece of advice is for you to plan your GCSEs courses, your A-level or better yet consider undertaking an international baccalaureate to help you prepare for the rigors of US academics and avoid believing, ‘the path of least resistance,’ by taking a bunch of ‘soft courses’ will gain you admission to a prestigious US university.

Finally, you can never stop too early to begin identifying potential universities and begin developing a list.