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International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
International patent systems
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  • 1. European Business & Innovation Centre Network International Patent Systems András Haszonits Amman, 16 May 2010 Don’t reinvent… 5/26/2010 1 1
  • 2. International Patent Systems How to get patents in many countries? Is there an easier way? 5/26/2010 2 2
  • 3. International Patent Systems Paris Convention on the Protection of Industrial Property Protection Founded: in 1883 by 11 states more than 100 member states by now Basic principles: Equal treatment Union priority right 5/26/2010 3 3
  • 4. International Patent Systems Paris Convention on the Protection of Industrial Property Protection Equal treatment All citizens of member states has the same rights to local users of the IP system Same protection rights Same reparation of rights if their rights are infringed 5/26/2010 4 4
  • 5. International Patent Systems Paris Convention on the Protection of Industrial Property Protection Union priority right Applicant filing in a member state has the right of union priority to extend its protection to other member states carrying the priority date of the original application Patent: 12 month Utility model: 6 month 5/26/2010 5 5
  • 6. International Patent Systems Union priority right Priority Filing date date Extent of patent protection State-of-art 12 month 5/26/2010 6 6
  • 7. International Patent Systems Patent Cooperation Treaty (PCT) 1 filing of application Granting of patent by countries International novelty and patentability search report Benefits: 1 application Unified process Postponement for 30 months from priority date thus buying time for applicant Source: ip4inno 5/26/2010 7 7
  • 8. International Patent Systems Patent Cooperation Treaty (PCT) Source: ip4inno 5/26/2010 8 8
  • 9. International Patent Systems PCT PCT international PCT national stage stage PCT international PCT international stage I. phase stage II. phase Launch: within 30 months of priority date Launch: within priority Launch: within 22 year of priority date months of priority date Outcome: Patent Outcome : International Outcome: International application in selected Search Report (ISR) and Preliminary Examination member states Written Opinion (WOISA). Report (IPER). 5/26/2010 9 9
  • 10. International Patent Systems PCT International stage PCT international PCT international I. phase II. phase 1. Filing application 1. Request for International 2. Formal examination by Preliminary Examination Receiving Office 2. International Preliminary 3. Forwarding application to Examination International Office and to 3. Publication of International International Search Authority Preliminary Examination 4. International Ssearch Report Report 5. Modification of claims if necessary at the International Office 6. International publication 5/26/2010 10 10
  • 11. International Patent Systems European Patent Convention (EPC) • Single place of filing • Single place of completion and granting • Three official languages (English, German and French) • Patents granted by EPO are equivalent to the patents granted in any of the national offices. If it falls in one country in a court case, it falls in all countries! Source: ip4inno 5/26/2010 11 11
  • 12. International Patent Systems European Patent Convention (EPC) Source: ip4inno 5/26/2010 12 12
  • 13. International Patent Systems European Patent Convention (EPC) Source: EPO 5/26/2010 13 13
  • 14. Thank you very much for your attention András Haszonits haszonitsandras@upcmail.hu The training material is to be used exclusively in conjunction to the SRTD project in Jordan 5/26/2010 14 14

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