42629 lecture 9 pt2

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42629 lecture 9 pt2

  1. 1. Seminar Patentability of inventions Verena Simpson vsi@gipc.eu +45 77 34 44 891Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  2. 2. Agenda • 9:15 – 9:45 Patentability criteria – novelty and inventive contribution • 10:00 – 11:25 Assessing patentability of student inventions Strategic and commercial decisions • 11:30 – 12:00 to be made when seeking patent protection2Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  3. 3. Computer-implemented inventions • What can be protected? • Is it worthwhile?3Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  4. 4. Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  5. 5. Patent protection • Patents provide a 20 year monopoly for inventions • If you have a patent you may prevent your competitors from using your invention – or demand a license fee! • Patent applications are published 1½ years after filing, thus preventing others from patenting the same5 invention over again.Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  6. 6. Patent vs. copyright • Patent: – Broad protection: Protects all implementations of an inventive concept – Requires description of inventive concept – Registration process – Limited in time (20 years) and geography • Copyright: – Narrow protection: Protects a specific implementation – Established automatically by creation of the implementation – Long protection6Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  7. 7. What does it take to get a patent? • An invention! – The invention has to be new, i.e. the exact same invention must not yet have been publicly disclosed in any way. – The invention must not be obvious, i.e. the invention must differ from known, similar inventions in a non-trivial manner. • A patent application – The invention needs to be described in sufficient detail. – The patent claims need to give a clear7 definition of the scope of the protected inventionProtecting Value – Managing Risk – Building Business Guardian IP Consulting
  8. 8. Is this an invention? • A transformation of an integrable function ƒ : R → C, defined as8Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  9. 9. How about this? • A method of controlling a combustion process, comprising: – Measuring light emitted by the combustion process – Calculating a Fourier transform of the light intensity as a function of time – Controlling parameter Y of the combustion process as a function of the calculated Fourier transform9Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  10. 10. Mathematical algorithm vs. invention • A mathematical algorithm as such is not patentable, but a technical process using that algorithm is • Mathematical algorithm abstract numbers in – abstract numbers out. • Technical process works on physical quantities (e.g. measured data, or data representing something physical, non-abstract)10Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  11. 11. How about this? • A method of determining an optimal trading time for a financial instrument, comprising: – Monitoring a price of the financial instrument as a function of time – Calculating a Fourier transform of the monitored price – Determining the optimal trading time from the calculated Fourier transform11Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  12. 12. Is this an invention? • A method of selling candy by presenting the candy in a way that catches children’s attention12Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  13. 13. Is this an invention? • A shelf system for presenting items, comprising – A shelf – A motion sensor for detecting a motion in a predetermined proximity from the shelf, – An audio system for generating audio output – A control unit for activating the audio system responsive to a detection signal from the motion sensor.13Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  14. 14. What does it take in Europe ? • Patentable invention has to be a technical solution to a technical problem • The technical aspects of the solution must not be obvious14Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  15. 15. Trading example revisited: • A method of determining an optimal trading time for a financial instrument, comprising: – Monitoring a price of the financial instrument as a function of time – Calculating a Fourier transform of the monitored price – Determining the optimal trading time from the calculated Fourier transform • Anything technical?15Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  16. 16. Re-define the innovative idea: • A computer for determining an optimal trading time for a financial instrument, comprising: – A communications interface for receiving real-time price information for a financial instrument – A processing unit programmed to calculate a Fourier transform of the monitored price, and to determine the optimal trading time from the calculated Fourier transform – A trading interface connected to a computer system of the stock market programmed to initiate a trade at the determined trading time • Non-obvious technical solution to a technical problem?16Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  17. 17. Disregard non-technical stuff: • A computer for determining an optimal action time for performing an action, comprising: – A communications interface for receiving real-time input data – A processing unit programmed to calculate a Fourier transform of the monitored input data, and to determine the optimal action time from the calculated Fourier transform – A control interface connected to another computer system programmed to initiate an action at the determined action time • Now determine whether this is a non-obvious technical solution to a technical problem - in view of17 the prior art!!!Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  18. 18. Different Rules in different parts of the world? • Patentable invention • Particular machine or has to be a technical apparatus, or solution to a technical • Transforms a problem particular article into a • The technical aspects different state or thing of the solution must • All aspects considered not be obvious as regards obviousness18Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  19. 19. Pin for an automatic twist lock Claims: 1. An exchangeable device (pin) comprising: an improved surface resistant to a high corrosion environment or ice. 2. The exchangeable device of claim 1, made of alloy or steel. 3. The exchangeable device of claim 2, wherein said device is further coated in plastic. 4. ? Prior art: WO2006021579 describes a coupling piece for connecting two containers stacked one on top of another, especially on board ships. Hot dip galvanised steel Technical effect: reduced friction between components Problem that it solves: No jammed, hard to remove, twist locks therefore time needed to unload ship is decreased  money saved. Competitor/client: SEC SHIP S EQUIPMENT CT BREMEN [DE];Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  20. 20. Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  21. 21. Wind speed Sensor adapted for mobile phone Claims: 1. A wind-driven rotor comprising a magnet, means for converting changes in magnetic field into variations of an electric signal; means for transferring said signal to a smart phone. 2. A mobile phone adapted for receiving a signal from the wind-driven rotor of claim 1 and translating the signal into wind speed 3. ? Prior art: WO2008073074 (A1) - MEASURING AND DISPLAYING CURRENT LOCATION WEATHER CONDITIONS WITHIN WIRELESS CELLULAR PHONES – deemed withdrawn CN201403115: Cell phone measuring wind speed with thermocoupleProtecting Value – Managing Risk – Building Business Guardian IP Consulting
  22. 22. Variable brake light system Claims 1. A vehicle brake light system comprising a decelerometer attached to a controller connected to a number of individual light elements which are lit in dependence on the strength of the signal from the decelerometer. 2. A vehicle brake light system according to any preceding claim, in which the light elements are LEDs which preferably comprise a strip across the license plate. GB2419045 Variable vehicle brake light system according to brake pedal pressure or deceleration. A vehicle brake light system comprising a decelerometer in communication with the brake pedal, and attached to a controller connected to a number of individual light elements which are lit in dependence on the strength of the signal from the decelerometer. The light elements may be LEDs preferably comprising a strip across the rear of the vehicle.Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  23. 23. What is a patentable invention? • Has to be an invention within the meaning of the patent law • Has to be new • Has to be non-obvious • Determination depends on how we define the invention • Determination slightly different in different parts of the world • Technical solutions implemented in software are patentable!23Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  24. 24. Now to the important question! • What can be protected? • Is it worthwhile?24Protecting Value – Managing Risk – Building Business Guardian IP Consulting
  25. 25. Indicators of valuable candidate inventions • Gives product a competitive edge – Likely to be used in marketing – Functionality – Performance 9 10 – Production cost 7 8 – Reliability • Visibility – Easy to detect infringement – Easy for competitors to identify / reverse engineer – Gives a product an improvement that is detectable by user/customer • Timing – Maturity of technology / time to market – Expected lifetime of invention • Low cost to copy – Easy for competitors to identify / reverse engineer • High cost to develop25 • Hard to work aroundProtecting Value – Managing Risk – Building Business Guardian IP Consulting
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