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Patents at the University of Twente

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During a session for UT employees Roy Kolkman (University of Twente) explained the university strategy on research, ideas, patents and publications.

During a session for UT employees Roy Kolkman (University of Twente) explained the university strategy on research, ideas, patents and publications.

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Transcript

  • 1. From Idea to Patent Roy Kolkman 17/10/11 Title: to modify choose 'View' then 'Heater and footer'
  • 2. FROM IDEA TO PATENT
    • What is a Patent?
    • Why Patents?
    • What is Patentable?
    • Patents: National, European, worldwide
    • Procedure
    • Costs
    • Scientific publications & Patents
    • Patent Fund
    • Contact
  • 3. WHAT IS A PATENT?
    • Patent:
    • a legal document
    • granted by the government
    • giving an inventor the exclusive
    • right to make, use,
    • and sell an invention
    • for a specified number of years
  • 4. WHY PATENTS?
    • Exclusive right to make, use, and sell an invention:
    •  Safeguards investments in product-development
  • 5. WHAT IS PATENTABLE?
    • The invention must be:
    • New
      • invention did not previously exist
    • Inventive
      • significant improvement to existing technology
    • Industrial applicable
  • 6. “ NOVEL”?
    • New at the date of filing the patent application
    • New if it does not form part of the "state of the art"
    • "State of the art" means everything made available to the public before the filing date
    • There must have been no public disclosure of an invention before the filing date of the patent application
  • 7. WHAT CANNOT BE PATENTED? (1)
    • The following are not considered to be inventions for the purposes of granting European patents:
    • Discoveries, scientific theories and mathematical methods
    • Aesthetic creations
    • Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers
    • Presentations of information
  • 8. WHAT CANNOT BE PATENTED? (2)
    • Inventions whose commercial exploitation would be contrary to "ordre public" or morality
    • Plant or animal varieties or essentially biological processes for the production of plants or animals
    • Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body
  • 9. SOFTWARE?
    • Program for a computer "as such" is excluded from patentability, but…
    • Not excluded from patentability if, when running on a computer, it causes a further "technical effect" going beyond the "normal" physical interaction between the program (software) and the computer (hardware)
    • Programs for computers are therefore not automatically excluded from patentability
  • 10. NATIONAL, EUROPEAN, PCT
    • Patents are granted by national patent offices
    • Application per region e.g. Europe
    • Worldwide: PCT
  • 11. PROCEDURE (1)
    • Invention!!
    • - is the invention patentable?
    • - is there a business case (product, market)?
    • Contact IP advisor UT, Business development team or Managing director Institute
  • 12. PROCEDURE (2)
    • Selection of patent attorney
    • Drafting patent
    • Filing patent: priority date
    • Examination report
    • < 12 months extenstion to PCT
    • < 30 months selection countries/regions
    • Start granting procedure
      • (for each country/region)
    • Patent granted
  • 13. COSTS
    • Initial patent application: ~ € 5000 – 7000
    • PCT application: ~ € 5000
    • … after 30 months costs rise significantly:
    • Sell/license patent before 30 months
  • 14. PUBLICATIONS & PATENTS
    • Can I publish my invention?
    YES YOU CAN!! … but not before filing the patent - no presentation - no poster - no publication …before patent is filed
  • 15. PATENT FUND
    • Total fund-size: ~€ 50.000,- per year
  • 16. Revenues
    • Sharing revenues:
      • 1/3 inventors
      • 1/3 research group
      • 1/3 patent fund
  • 17. CONTACT
    • Roy Kolkman
    • r.g.m.kolkman@utwente.nl
    • Nanolab 2007 (Tu, Fr)
    • Zuidhorst 115 (Mo, We, Thu)
    • Tel 2573 / 2331