The document discusses a graphical representation of the problem-solution approach (PSA) as a tool for assessing inventive step in patents. It outlines the key steps of the PSA - identifying the closest prior art, formulating the technical problem based on the prior art, and determining whether the claimed solution is obvious. The presentation includes examples of using graphical representations to depict the PSA analysis for different types of inventions, including substitutions, analogs, reactions, and improvements involving quantitative or beneficial effects.
Patentability and interacting with a patent examinerTechHub Bucharest
This document discusses patentability requirements and interacting with patent examiners during the patent application process. It covers novelty and inventive step assessments, defining the problem an invention solves, and communicating with examiners during the search and examination phases. Tips are provided, such as clearly identifying the closest prior art, the difference from the prior art, and why the solution is not obvious. The document cautions applicants to ensure any amendments or claim interpretations are fully supported by the original application disclosure.
Patentability Search- Importance and How to Do Patentability SearchTT Consultants
This document discusses patentability searches and the process of conducting them. It covers the criteria for patentability, including novelty, non-obviousness, and usefulness. It describes what a patentability search involves, including searching patent and non-patent databases to determine if prior art exists that could prevent patenting an invention. It recommends conducting a patentability search early in the invention process to identify any relevant prior art and help guide research and development decisions.
The document summarizes India's patent system. It outlines that intellectual property rights allow creators of intellectual property to prevent others from commercially exploiting it for a given period. India's patent system is governed by acts like the Patent Act of 1970. To be patentable, an invention must be novel, involve an inventive step, and be capable of industrial application. The stages of obtaining a patent in India include filing, formality check, publication, examination, response from applicant, and potential pre-grant opposition. If objections are overcome, a patent certificate is granted. Renewal fees must be paid to keep the patent in force for its full term.
This presentation explains concepts of Patents and Market Exclusivity. This presentation is compiled from publicly available material on the world wide web.
The document provides information about the patenting system in India. It defines what a patent and invention are, explains the criteria for patenting including novelty, inventive step, and industrial application. It describes the patenting process in India, including who can apply, where to apply, fees, and the stages from filing to grant of a patent. It also discusses what is not patentable in India and provides examples of patent infringement cases like Apple vs Samsung and Novartis' patent plea.
This document discusses a patent infringement case between Innogenetics N V and Abbott Labs regarding regulatory requirements in biotechnology. It presents a case study of failed companies with regulatory requirements in the biotechnology industry. The case study analyzes a patent infringement dispute between two biotechnology companies over regulatory issues.
This document discusses patent infringement, including what it is, types of infringement, how to judge infringement, and potential consequences. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission from the patent holder. There are two types of infringement: direct infringement involves directly using the patented invention, while indirect infringement involves supplying parts that can only be used with a patented invention. To determine if infringement occurred, a court will analyze the patent claims and see if they encompass the accused device or process. Potential consequences of infringement include barriers to innovation, damage to economic and legal systems, and financial remedies determined in court cases.
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
Patentability and interacting with a patent examinerTechHub Bucharest
This document discusses patentability requirements and interacting with patent examiners during the patent application process. It covers novelty and inventive step assessments, defining the problem an invention solves, and communicating with examiners during the search and examination phases. Tips are provided, such as clearly identifying the closest prior art, the difference from the prior art, and why the solution is not obvious. The document cautions applicants to ensure any amendments or claim interpretations are fully supported by the original application disclosure.
Patentability Search- Importance and How to Do Patentability SearchTT Consultants
This document discusses patentability searches and the process of conducting them. It covers the criteria for patentability, including novelty, non-obviousness, and usefulness. It describes what a patentability search involves, including searching patent and non-patent databases to determine if prior art exists that could prevent patenting an invention. It recommends conducting a patentability search early in the invention process to identify any relevant prior art and help guide research and development decisions.
The document summarizes India's patent system. It outlines that intellectual property rights allow creators of intellectual property to prevent others from commercially exploiting it for a given period. India's patent system is governed by acts like the Patent Act of 1970. To be patentable, an invention must be novel, involve an inventive step, and be capable of industrial application. The stages of obtaining a patent in India include filing, formality check, publication, examination, response from applicant, and potential pre-grant opposition. If objections are overcome, a patent certificate is granted. Renewal fees must be paid to keep the patent in force for its full term.
This presentation explains concepts of Patents and Market Exclusivity. This presentation is compiled from publicly available material on the world wide web.
The document provides information about the patenting system in India. It defines what a patent and invention are, explains the criteria for patenting including novelty, inventive step, and industrial application. It describes the patenting process in India, including who can apply, where to apply, fees, and the stages from filing to grant of a patent. It also discusses what is not patentable in India and provides examples of patent infringement cases like Apple vs Samsung and Novartis' patent plea.
This document discusses a patent infringement case between Innogenetics N V and Abbott Labs regarding regulatory requirements in biotechnology. It presents a case study of failed companies with regulatory requirements in the biotechnology industry. The case study analyzes a patent infringement dispute between two biotechnology companies over regulatory issues.
This document discusses patent infringement, including what it is, types of infringement, how to judge infringement, and potential consequences. Patent infringement occurs when someone makes, uses, or sells a patented invention without permission from the patent holder. There are two types of infringement: direct infringement involves directly using the patented invention, while indirect infringement involves supplying parts that can only be used with a patented invention. To determine if infringement occurred, a court will analyze the patent claims and see if they encompass the accused device or process. Potential consequences of infringement include barriers to innovation, damage to economic and legal systems, and financial remedies determined in court cases.
Mr. Prem Patil prepared this document on patents under the guidance of Mrs. Swati Gupta at Apeejay Stya University in Sohna. The document discusses intellectual property rights including patents, designs, trademarks, and copyright. It defines what constitutes an invention and provides an overview of the history of patents. The stages to obtain a patent including filing, examination, grant or withdrawal are outlined. The document also discusses who benefits from patents, the rights they provide, and the importance and limitations of patent information.
Factory2Fit Presentation: Design and Evaluation Framework of Solutions that S...Factroy2Fit
The ACE-Factory Cluster of Horizon 2020 funded EU projects (Factory2Fit, Manuwork, HUMAN, Inclusive and A4Blue) held a webinar on the 14th November 2018 to present their research achievements and to exchange knowledge and best practices.This presentation explores the work done by Factory2Fit to develop a design and evaluation framework for measuring industrial worker's satisfaction and well-being in the workplace.
The ACE Factory projects are developing solutions for manufacturing work environments that adapt to each individual worker. In the past, people were expected to adapt to machine requirements. Now, automation systems are being developed that can recognise the users, remember their capabilities, skills and preferences, and adapt accordingly.
For more details on the project, visit the ACE-Factory website!
Technological Route between Pioneerism and ImprovementRoberto Nani
The document presents a methodology for determining the technological route between pioneering inventions and incremental improvements using patent data. The methodology involves: (1) performing an initial patent search, (2) analyzing patent trends over time to calculate an "intellectual property density", (3) fitting the density data to logistic curves to identify major technological phases, and (4) using text clustering to identify new areas of innovation. As a case study, the methodology is applied to analyze the evolution of textile loom weft insertion technologies from 1932 to 2008. Three major technological phases were identified from the logistic curve fitting, each characterized by midpoint year and other metrics.
The document provides guidance on writing abstracts for science research projects. It explains that an abstract is a brief summary of a research project that describes the purpose, procedures, results, and conclusions. It provides tips for developing an abstract, including using a research prospectus to outline the project and an abstract template to draft the summary. Sample abstract sections and a full sample abstract are included to illustrate the recommended structure and content.
Project appraisal involves a comprehensive pre-investment analysis of all aspects of a proposed project, including market, technical, financial, socio-economic, and ecological factors. The analysis assesses feasibility and investment worthiness. Key aspects examined are market demand, production requirements, input availability, profitability, social and environmental impacts, and risks. A thorough appraisal helps decision-makers determine if a project is viable and the right choice.
The document provides information on liquid-based rapid prototyping systems, specifically Stereolithography Apparatus (SLA). It describes the SLA process which involves using a UV laser to cure liquid photopolymer resin layer-by-layer to produce a 3D object. Key aspects covered include the working principle, use of photopolymers and laser scanning, applications such as models and prototypes, and advantages like good accuracy and surface finish. Disadvantages mentioned are the need for support structures.
This document summarizes a research study that applied the Analytic Hierarchy Process (AHP) to prioritize key performance indicators (KPIs) for evaluating the economic value and effectiveness of internet room diagramming solutions (RDS). The researchers conducted an AHP survey with 48 respondents from the meetings and events sector. The results showed that customer satisfaction, planning efficiency, and requests from event planners were the most important KPIs, while cost reduction was less important. The implications are that RDS suppliers and venues should focus on these priority areas to optimize products and monitor effectiveness. Future research could apply these methods to other technologies or revalidate the KPI priorities over time.
This document describes the development of a low-cost Charpy Pendulum Testing Machine for educational purposes. The machine was designed to test impact and fracture properties of materials in academic laboratories. It was developed through a partnership between students and researchers. The machine costs around $700, which is one-tenth the cost of commercial machines, but validation tests found it produced accurate results within standards for Charpy impact tests. The machine uses an Arduino board to automate testing and precisely measure the energy absorbed through a sensor and encoder. This allows affordable material testing in academic environments.
Impact Instrumentation for educational purposes Felipe Wynne
This work objectively proposes and describes the development project of a Charpy Pendulum Testing Machine, which is a low-cost tool designed for the academic environment. The tool has been developed to be used in laboratories that perform mechanical tests of impact and also as a result of an important partnership between students and researchers from UMC and EPUSP.
The product, functional unit and reference flowRas Clarkson
This document provides guidance on defining the scope of a life cycle assessment (LCA), including determining the relevant product functions, defining the functional unit, and establishing reference flows. It presents a five-step procedure for conducting these analyses: 1) describing the product properties, 2) identifying the relevant market segment, 3) determining comparable product alternatives, 4) defining the quantified functional unit, and 5) establishing the reference flows for each system. The goals are to define the object of study, provide a reference unit for comparisons, and enable equivalence between alternative product systems. The guidance aims to minimize subjectivity and reflect real market conditions in properly establishing the scope of an LCA.
Workshop in technological entrepreneurship_2011Moshe Finarov
The workshop "Technological entrepreneurship" is presented by Dr. Moshe Finarov over 5 days. It provides theoretical and practical training on commercializing technological ideas and starting high-tech companies. The course uses examples and case studies from Dr. Finarov's experience in solar energy, semiconductors, and electro-optics. It covers topics such as market analysis, product development, intellectual property, project management, and business plans. The intended audience are potential entrepreneurs with science or engineering degrees.
The document outlines a process for identifying new market opportunities for a company's materials beyond their current applications. It involves understanding material properties, stakeholders, and potential future properties. New markets would be identified through research and prioritized. Findings would be presented and next steps determined. The process takes 3.5-5 months and involves scoping, target definition, research, and handover phases with workshops and interviews to gather input and validate results.
Overview of costs and benefits of virtual reality, potential savings, aspects and models for cost-effectiveness assessment, created by the Virtual Dimension Center (VDC) in Fellbach.
The FP7-OCEAN-2013 call will fund several collaborative projects related to ocean monitoring technologies. There are 4 topics that projects can apply to: biosensors, multifunctional sensors, anti-biofouling, and offshore wind energy deployment systems. Successful proposals will have maximum EU contributions between 6-10 million euros depending on the topic. Evaluation will consider the scientific/technical quality, implementation plan, and impact of proposed projects. The deadline for submissions is 7 February 2013.
WORLD CONFERENCE: TRIZ FUTURE 2008 5-7 November 2008, University of Twente, ...Roberto Nani
This document discusses technological route identification between pioneerism and improvement. It presents a methodology for analyzing the patent landscape of a technology using indicators like the intellectual property density (IPD). The IPD is calculated based on the number of patents filed per year in a technology and the number of patent classes involved. Case studies are presented analyzing the patent data of textile grippers from 1972, 1987 and 1999. Cluster analysis is also used to group patents from different time periods into technological categories. The goal is to better understand the evolution and innovation levels of a technology using quantitative patent data analysis.
This document provides questions and answers from the ICH Quality Implementation Working Group regarding implementation of the ICH Q8, Q9, and Q10 guidelines on pharmaceutical quality systems. It addresses topics around quality by design including design space, real time release testing, and control strategy. The document is intended to facilitate consistent interpretation and implementation of the ICH quality guidelines across the three ICH regions of Europe, Japan, and the United States.
This document provides an overview manual for Owens Corning's global Fitness For Use process. The FFU process is designed to ensure that Owens Corning's products and services can meet critical customer and supplier criteria. The manual describes the five stages of the FFU process: 1) Identifying customer and supplier base, 2) Determining customer and supplier criteria, 3) Assessing ability to meet criteria, 4) Definition of products/processes, and 5) Implementation. It provides definitions of key terms and explains the benefits of the standardized FFU methodology for communication, understanding linkages, and improving customer satisfaction. Appendices include forms, statistics definitions, and a process deployment chart.
AI-SDV 2022: Henry Chang Patent Intelligence and Engineering ManagementDr. Haxel Consult
This document describes a metadata list of patent holders in various countries and regions compiled by Muchiu (Henry) Chang. The list is sorted geographically and includes patent holder names from Canada, China, Hong Kong, Macao, Taiwan, the Middle East, and Europe between 2009-2022. Key features include Chinese-English compatibility and use of open source intelligence. The list has previously been utilized by the Region of Peel in Ontario, Canada.
AI-SDV 2022: Creation and updating of large Knowledge Graphs through NLP Anal...Dr. Haxel Consult
Knowledge Graphs are an increasingly relevant approach to store detailed knowledge in many domains. Recent advances in NLP allow to enrich Knowledge Graphs through automated analysis of large volumes of literature, reducing a lot the efforts in traditional manual information capturing. In our presentation we report the approach taken in a project with partner Fraunhofer SCAI in the life sciences where a knowledge graph organising detailed facts about psychiatric diseases has been computed.
Information of cause-effect relations between proteins, genes, drugs and diseases has been encoded in the BEL (Biological Expression Language) and imported into a Graph database to approach an indication-wide Knowledge Graph for the selected therapeutic area. Ultimately, updating the graph will amount to just rerunning the analysis on the newly published literature.
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The ACE-Factory Cluster of Horizon 2020 funded EU projects (Factory2Fit, Manuwork, HUMAN, Inclusive and A4Blue) held a webinar on the 14th November 2018 to present their research achievements and to exchange knowledge and best practices.This presentation explores the work done by Factory2Fit to develop a design and evaluation framework for measuring industrial worker's satisfaction and well-being in the workplace.
The ACE Factory projects are developing solutions for manufacturing work environments that adapt to each individual worker. In the past, people were expected to adapt to machine requirements. Now, automation systems are being developed that can recognise the users, remember their capabilities, skills and preferences, and adapt accordingly.
For more details on the project, visit the ACE-Factory website!
Technological Route between Pioneerism and ImprovementRoberto Nani
The document presents a methodology for determining the technological route between pioneering inventions and incremental improvements using patent data. The methodology involves: (1) performing an initial patent search, (2) analyzing patent trends over time to calculate an "intellectual property density", (3) fitting the density data to logistic curves to identify major technological phases, and (4) using text clustering to identify new areas of innovation. As a case study, the methodology is applied to analyze the evolution of textile loom weft insertion technologies from 1932 to 2008. Three major technological phases were identified from the logistic curve fitting, each characterized by midpoint year and other metrics.
The document provides guidance on writing abstracts for science research projects. It explains that an abstract is a brief summary of a research project that describes the purpose, procedures, results, and conclusions. It provides tips for developing an abstract, including using a research prospectus to outline the project and an abstract template to draft the summary. Sample abstract sections and a full sample abstract are included to illustrate the recommended structure and content.
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The document provides information on liquid-based rapid prototyping systems, specifically Stereolithography Apparatus (SLA). It describes the SLA process which involves using a UV laser to cure liquid photopolymer resin layer-by-layer to produce a 3D object. Key aspects covered include the working principle, use of photopolymers and laser scanning, applications such as models and prototypes, and advantages like good accuracy and surface finish. Disadvantages mentioned are the need for support structures.
This document summarizes a research study that applied the Analytic Hierarchy Process (AHP) to prioritize key performance indicators (KPIs) for evaluating the economic value and effectiveness of internet room diagramming solutions (RDS). The researchers conducted an AHP survey with 48 respondents from the meetings and events sector. The results showed that customer satisfaction, planning efficiency, and requests from event planners were the most important KPIs, while cost reduction was less important. The implications are that RDS suppliers and venues should focus on these priority areas to optimize products and monitor effectiveness. Future research could apply these methods to other technologies or revalidate the KPI priorities over time.
This document describes the development of a low-cost Charpy Pendulum Testing Machine for educational purposes. The machine was designed to test impact and fracture properties of materials in academic laboratories. It was developed through a partnership between students and researchers. The machine costs around $700, which is one-tenth the cost of commercial machines, but validation tests found it produced accurate results within standards for Charpy impact tests. The machine uses an Arduino board to automate testing and precisely measure the energy absorbed through a sensor and encoder. This allows affordable material testing in academic environments.
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This work objectively proposes and describes the development project of a Charpy Pendulum Testing Machine, which is a low-cost tool designed for the academic environment. The tool has been developed to be used in laboratories that perform mechanical tests of impact and also as a result of an important partnership between students and researchers from UMC and EPUSP.
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This document provides guidance on defining the scope of a life cycle assessment (LCA), including determining the relevant product functions, defining the functional unit, and establishing reference flows. It presents a five-step procedure for conducting these analyses: 1) describing the product properties, 2) identifying the relevant market segment, 3) determining comparable product alternatives, 4) defining the quantified functional unit, and 5) establishing the reference flows for each system. The goals are to define the object of study, provide a reference unit for comparisons, and enable equivalence between alternative product systems. The guidance aims to minimize subjectivity and reflect real market conditions in properly establishing the scope of an LCA.
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The workshop "Technological entrepreneurship" is presented by Dr. Moshe Finarov over 5 days. It provides theoretical and practical training on commercializing technological ideas and starting high-tech companies. The course uses examples and case studies from Dr. Finarov's experience in solar energy, semiconductors, and electro-optics. It covers topics such as market analysis, product development, intellectual property, project management, and business plans. The intended audience are potential entrepreneurs with science or engineering degrees.
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Overview of costs and benefits of virtual reality, potential savings, aspects and models for cost-effectiveness assessment, created by the Virtual Dimension Center (VDC) in Fellbach.
The FP7-OCEAN-2013 call will fund several collaborative projects related to ocean monitoring technologies. There are 4 topics that projects can apply to: biosensors, multifunctional sensors, anti-biofouling, and offshore wind energy deployment systems. Successful proposals will have maximum EU contributions between 6-10 million euros depending on the topic. Evaluation will consider the scientific/technical quality, implementation plan, and impact of proposed projects. The deadline for submissions is 7 February 2013.
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This document discusses technological route identification between pioneerism and improvement. It presents a methodology for analyzing the patent landscape of a technology using indicators like the intellectual property density (IPD). The IPD is calculated based on the number of patents filed per year in a technology and the number of patent classes involved. Case studies are presented analyzing the patent data of textile grippers from 1972, 1987 and 1999. Cluster analysis is also used to group patents from different time periods into technological categories. The goal is to better understand the evolution and innovation levels of a technology using quantitative patent data analysis.
This document provides questions and answers from the ICH Quality Implementation Working Group regarding implementation of the ICH Q8, Q9, and Q10 guidelines on pharmaceutical quality systems. It addresses topics around quality by design including design space, real time release testing, and control strategy. The document is intended to facilitate consistent interpretation and implementation of the ICH quality guidelines across the three ICH regions of Europe, Japan, and the United States.
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This document describes a metadata list of patent holders in various countries and regions compiled by Muchiu (Henry) Chang. The list is sorted geographically and includes patent holder names from Canada, China, Hong Kong, Macao, Taiwan, the Middle East, and Europe between 2009-2022. Key features include Chinese-English compatibility and use of open source intelligence. The list has previously been utilized by the Region of Peel in Ontario, Canada.
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Knowledge Graphs are an increasingly relevant approach to store detailed knowledge in many domains. Recent advances in NLP allow to enrich Knowledge Graphs through automated analysis of large volumes of literature, reducing a lot the efforts in traditional manual information capturing. In our presentation we report the approach taken in a project with partner Fraunhofer SCAI in the life sciences where a knowledge graph organising detailed facts about psychiatric diseases has been computed.
Information of cause-effect relations between proteins, genes, drugs and diseases has been encoded in the BEL (Biological Expression Language) and imported into a Graph database to approach an indication-wide Knowledge Graph for the selected therapeutic area. Ultimately, updating the graph will amount to just rerunning the analysis on the newly published literature.
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In 2019 the UK was the first major economy to embrace a legal obligation to achieve net zero carbon emissions by 2050. More broadly, the 2021 UK Innovation Strategy sets out the UK government’s vision to make the UK a global hub for innovation by 2035 with a target of increasing public and private sector R&D expenditure to 2.4% of GDP to support the UK being a science superpower with a world-class research and innovation system.
IP rights create an incentive for R&D which ultimately leads to innovation. Analysis and insights from IP data can therefore help provide a better understanding of how the IP system is being used and where and what innovation is taking place. Research and analysis of IP data is a key input to the ongoing work of the UKIPO’s Green Tech Working Group which seeks to:
further the UK’s status as a global leader by making the UK’s IP environment the best for innovating green technology;
develop and deliver IP policies to support government’s ambition on climate change and green technologies; and
to help innovators best protect and commercialise their green tech innovations both at home and internationally.
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AI-SDV 2022: Machine learning based patent categorization: A success story in...Dr. Haxel Consult
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It is relatively easy for a human to read a document and quickly figure out which concepts are important. However, this task is a difficult challenge for a machine. During the past few decades, there have been two main approaches for concept identification: Natural Language Processing and Machine Learning. During the early part of this century, Machine Learning made great strides as new techniques came into wider use (SVM’s, Topic Modeling, etc..). Sensing the competition, Natural Language Processing responded with deployment of new emerging techniques (sematic networks, finite state automata, etc..). Neither approach has completely solved the WHAT problem. Advances in Artificial Intelligence have the potential to significantly improve the situation. Where AI is making the most impact is as an enhancement to make Machine Learning and Natural Language Processing work better and, more importantly, work together. This presentation looks at some of this history and what might happen in the future when we blend the interpretation of language with pattern prediction.
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This document discusses using natural language processing on trademark text data to gain insights. It presents research on how trademark activity changed during COVID-19, detecting emerging trends in trademarks over time, and classifying trademarks by industry. The research uses techniques like topic modeling and deep learning classifiers to analyze trademarks and identify patterns. The analysis of trademarks can provide economic indicators and reveal where businesses are focusing their innovation and market presence.
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Most scientific journals request, that the complete set of research data is published simultaneously with the peer-reviewed paper. The publication of the research data usually is carried out as so-called "Supplementary Material", attached to the original paper, or on a "Research Data Repository". Both forms have in common, that the data is published usually unstructured and not in an uniform machine processable format. This makes its further use in electronic tools for AI or data mining unnecessarily difficult or even impossible. A concept is presented, in which the data is digitally recorded, following the principle of FAIR data, as part of the publication process. This digital capture makes the data available to the scientific community for easy use in data mining and AI tools. The data in the repository contains links to the publication to document its origin. The concept is applicable for preprints, peer-review papers, diploma and doctoral theses and is particularly suitable for open access publications. Moreover, the presentation highlights correspondent activities, which were released in scientific publications recently.
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II-SDV 2013 Graphical Representation of the Assessment of Inventive Step for Patent Applications
1. II-SDV Nice 15./16. April 2013
Dr. Joachim Stellmach
European Patent Office
Directorate Advisor
Industrial Chemistry
A graphical representation of the problem-solution
approach (PSA) - a powerful tool facilitating the
assessment of inventive step of patents
2. 08/04/2013
• Joachim Stellmach (DE), directorate advisor, EPO Munich
• - Studied Organic Chemistry in Münster/Westf. and Freiburg/Brsg.
• - German Patent Office 12/1982- 3/1986
• - At the EPO since 4/1986 (Munich)
• - BEST tutor from 9/1990 - 1/1994 (The Hague)
• - BEST examiner since 2/1994 (Munich)
Who am I ?
3. 08/04/2013
Total European patent filings1
257 744
244 934
235 730
211 356
225 977
2008 2009 2010 2011 2012
1 Direct European filings under the EPC and International filings under the PCT
+5,2%
4. 08/04/2013
Agenda Structure
• Some general Remarks on patentability; the difference between
novelty and inventive step
• The different steps of the problem and solution approach - the text
• A graphical representation as visual supplement using the PSA
during search and examination
• SAR/SRR and PSA as expert assessment of inventive step
• Examples from the Technical Boards of Appeal of the EPO
• Generalisation and further concrete Examples ( quantitative effects,
evidence of inventive step, deviation, use claims )
5. 08/04/2013
Implicit features or well-known equivalents
• A document takes away the novelty of any claimed subject-matter
derivable directly and unambiguously from that document including
any features implicit to a person skilled in the art in what is expressly
mentioned in the document, e.g. a disclosure of the use of rubber in
circumstances where clearly its elastic properties are used even if this
is not explicitly stated takes away the novelty of the use of an elastic
material. The limitation to subject-matter "derivable directly and unam-
biguously" from the document is important. Thus, when considering
novelty, it is not correct to interpret the teaching of a document as
embracing well-known equivalents which are not disclosed in the
documents; this is a matter of obviousness.
Guidelines 2012 G-VI, 2 Implicit features or well-known equivalents
Guidelines 2012 G-VI, 2
6. 08/04/2013
• An invention is considered as involving an inventive step if, having
regard to the state of the art, it is not obvious to a person skilled in
the Art. Novelty (see G-IV, 5) and inventive step are different cri-
teria. The question – "is there inventive step?" – only arises if the
invention is novel.
Guidelines 2012 G-VII, 1 General
Light of Later Knowledge
13.04 In considering inventive step, as distinct from novelty (see
paragraph 12.02 and the appendix to chapter 12), it is fair to con-
strue any published document in the light of subsequent knowledge
and to have regard to all the knowledge generally available to the
person skilled in the art at the relevant date of the claim.
PCT-Guidelines III 13.04
EPC, PCT
7. 08/04/2013
• Novelty: - construe the claim in order to determine its technical ( structural,
functional ) features
• Inventive step: - investigating ( technical ) effects ( activities, properties,
functions ) or ( technical ) problems underlying the application and the closest
prior art and eventually
• construct a logical chain connecting the prior art and the claimed subject-
matter
• Novelty: direct disclosure
• Inventive Step: indirect disclosure
• PSA: correlation/separation of technical features/effects
Basic Definitions
8. 08/04/2013
Agenda Structure
• Some general Remarks on patentability; the difference between
novelty and inventive step
• The different steps of the problem and solution approach - the
text
• A graphical representation as visual supplement using the PSA
during search and examination
• SAR/SRR and PSA as expert assessment of inventive step
• Examples from the Technical Boards of Appeal of the EPO
• Generalisation and further concrete Examples ( quantitative
effects, evidence of inventive step, deviation, use claims )
9. 08/04/2013
• In accordance with the "problem-solution approach" ( Rule 42 (1) c, Guidelines
C-II, 4.5, 4.6 and C-IV, 11.7 EPC 2000; Guidelines 2012 F-II, 4.5, 4.6 and G-
VII, 5 ), which is established jurisprudence of the Boards of Appeal, to assess
inventive step on an objective basis it is in particular necessary to establish
the closest state of the art forming the starting point, to determine in the light
thereof the technical problem which the invention addresses and successfully
solves, and to examine the obviousness of the claimed solution to this problem
in view of the state of the art. This "problem-solution approach" ensures asses-
sing inventive step on an objective basis and avoids an ex post facto. ( DG3
decision )
Text
• Problem-Solution-Approach
• The problem-solution-approach comprises
three steps
– I identifying the nearest prior art
– II formulating an objective technical problem to
be solved when considering the nearest prior art
– III deciding whether there is an inventive step
10. 08/04/2013
The PROBLEM !
- actual technical problem in a field
- artificial problem created by the Applicant ( subjective problem )
- patent related technical problem
- since the problem is directly related to the closest prior art it is
a parameter of the PSA (more/less ambitious/further/alternative)
- the problem has not to be new !
The problem is the problem
11. 08/04/2013
Agenda Structure
• Some general Remarks on patentability; the difference between
novelty and inventive step
• The different steps of the problem and solution approach - the
text
• A graphical representation as visual supplement using the PSA
during search and examination
• SAR/SRR and PSA as expert assessment of inventive step
• Examples from the Boards of Appeal of the EPO
• Generalisation and further concrete Examples ( quantitative
effects, evidence of inventive step, deviation, use claims )
12. 08/04/2013
Replacement
AA AA
Graphical representation of novelty (rendering structural/technical features)
F1, F2 (red) : distinguishing structural/technical features; (green) triangles A:
activity, effect, property, function, (blue) rectangles: common technical features
F1 F2
claimed subject-matter
closest prior art (similar
purpose, most technical
features in common)
13. 08/04/2013
Replacement
Addition
(combination)
AA
AAAA
AA
Graphical representation of novelty (rendering structural/technical features)
F1, F2 (red) : distinguishing structural/technical features; (green) triangles A:
activity, effect, property, function, (blue) rectangles: common technical features
F1 F2
F1
claimed subject-matter
closest prior art (similar
purpose, most technical
features in common)
14. 08/04/2013
Replacement
Addition
(combination)
Deletion
AA
AAAA
AAAA
AA
Graphical representation of novelty (rendering structural/technical features)
F1, F2 (red) : distinguishing structural/technical features; (green) triangles A:
activity, effect, property, function, (blue) rectangles: common technical features
F1 F2
F1
F1
claimed subject-matter
closest prior art (similar
purpose, most technical
features in common)
16. 08/04/2013
Most general abstraction of the PSA using novelty rendering features
M M
M' M', M''
AAAA
AA AA
closest prior art (similar purpose,
effect, use, property; most technical
features in common)
claimed subject-matter
+
F1,F2: characterizing portion; distinguishing technical features; A: activity, effect, property, function;
M,M',M'': equivalents, analogues, synonyms (in the same or similar technical field); prior art features
Teaching/combination from the prior art, common general knowledge
obvious ?
F1 F2
F1 F2
-replacement
-addition
-deletion
-selection (overlap)
F1 => F2:
17. 08/04/2013
• Some general Remarks on patentability; the difference between
novelty and inventive step
• The different steps of the problem and solution approach - the
text
• A graphical representation as visual supplement using the PSA
during search and examination
• SAR/SRR and PSA as expert assessment of inventive step
• Examples from the Technical Boards of Appeal of the EPO
• Generalisation and further concrete Examples ( quantitative
effects, evidence of inventive step, deviation, use claims )
Agenda Structure
18. 08/04/2013
Graphical representation of the 'empiric rule' "Structure-activity-relationship"
A A'
known
structure
new
structure
Str,Str': chemical basic structures; green A,A': activity, property; effect; function;
Definition: SAR: if Str ~ Str' => then A ~ A', red: novelty (by: replacement, addition,
deletion, selection)
Str Str'
prior art
new subject-matter
Patents
Research
Laboratory
SAR
-replacement
-addition
-deletion
-selection (overlap)
Str, Str'
Reviews
structure-property-relationships
structure-function-relationships
structure-odour-relationships
structure-toxicity-relationships
19. 08/04/2013
Structure-activity-relationships (SAR), Analogisation of lead compounds
AA AA
AA
AA
M M
M' M'
R R'
R R'
+
R, R': common substituents; M, M': (analogous) families of compounds; A: activity, property; novelty
R => R' ( distinguishing features )
closest prior art (similar purpose,
effect, use, property; most
technical features in common)
claimed subject-matter
Teaching/combination from the prior art, common general knowledge;
reaction mechanism; pharmacophor(ic group); known lead compound
+
obvious ?
-replacement
-addition
-deletion
-selection (overlap)
R,R':
20. 08/04/2013
Cl CF3
Cl CF3
AA
AA AA
AA
+
A: (biological) activity, property; substituents Cl, CF3; similar basic skeletons: phenyl,
naphthyl; novelty : Cl => CF3
closest prior art (similar purpose,
effect, use, property; most
technical features in common)
claimed subject-matter
Teaching/combination from the prior art, common general knowledge (SAR)
+
obvious ?
Simple concrete example of the analogisation of substituents of a basic skeleton
21. 08/04/2013
Analogisation of the Basic Skeleton
S'S
S'S +
AA AA
AAAA
Rx
Rx
Rx'
Rx'
Rx, Rx' :Substituent pattern; S, S': (analogous) families of compounds, A:
activity, property; novelty S => S' (e.g. bioisosterism)
claimed subject-matter
closest prior art (similar purpose,
effect, use, property; most
technical features in common)
Teaching/combination from the prior art
obvious ?
22. 08/04/2013
F3
+M1 M2 M3+ =>
F1
claimed subject-matter
F3F2
M1' M3'M2' =>
F1 F2
F1 + F2 => F3
reaction mechanism
F1,F2,F3: functional groups; M1,M2,M3:molecular basic skeletons; novelty: M=>M'
combination from the prior art, common general knowledge
closest prior art
+
Structure-reactivity-relationships for organic-chemical reactions, LFER
23. 08/04/2013
Example of a structure-reactivity-relationship
CO2R2'
+R1 R2 R3+ =>
CO2H
claimed subject-matter
CO2R2OH
R1' R3'R2' =>
CO2H OH
R-CO2H + R'-OH = R-CO2R'
reaction mechanism
acid + alcohol=>ester
Simple example for the reaction of functional groups
combination from the prior art
closest prior art
Reaction of (carboxylic) acid with alcohol yielding ester
24. 08/04/2013
Agenda Structure
• Some general Remarks on patentability; the difference between
novelty and inventive step
• The different steps of the problem and solution approach - the
text
• A graphical representation as visual supplement using the PSA
during search and examination
• SAR/SRR and PSA as expert assessment of inventive step
• Examples from the Technical Boards of Appeal of the EPO
• Generalisation and further concrete Examples ( quantitative
effects, evidence of inventive step, deviation, use claims )
26. 08/04/2013
Applying PSA to reactions of functional groups
Graphical Decision T 641/89 (Tetroxoprim)
CH2-(CN)=CHOR1 +
DE-A-2313261
closest prior art (similar purpose,
most technical features in common)
claimed subject-matter
N
N
-NH2
-NH2
CH2-(CN)=CH-NHR3 +
CH2-C(CN)=CH-NHR2 +
N
N
-NH2
-NH2
Guanidin
=>
EP-A-0 065705
Guanidin
=>
DE-A-2010166
Guanidin
=>
N
N-NH2
-NH2
Novelty : -N= => -O- ; R => R'; analogisation -OCH3 => -O-(CH2)2-CH3
ring closure
ring closure
ring closure
R-
R'- R'-
R-
R-
R-
Acrylnitril
Acrylnitril
Oxynitril
+
27. 08/04/2013
• Some general Remarks on patentability; the difference between
novelty and inventive step
• The different steps of the problem and solution approach - the
text
• A graphical representation as visual supplement using the PSA
during search and examination
• SAR/SRR and PSA as expert assessment of inventive step
• Examples from the Technical Boards of Appeal of the EPO
• Generalisation and further concrete Examples ( quantitative
effects, evidence of inventive step, deviation, use claims )
Agenda Structure
28. 08/04/2013
AA BB
AA
AA
M M
M' M'
R R'
R R'
Novelty R => R' R,R': Substituents; M,M': (analogous) families of compounds;
A not B: different activity;
closest prior art
(similar purpose,
effect, use, pro-
perty; most tech-
nical features in
common)
claimed subject-matter
no possible combination from the prior art
_
_
Acknowledgement of inventive step
NO
Variations of substituents, deviation from structure-activity-relationships
problem:
inventive provision of a
further/alternative subject-
matter
obvious ?
29. 08/04/2013
Quantitative effects, beneficial/advantageous effects
AA
AA
A
A
A
A
AA
AA
AA
+
claimed subject-matter
AA
AA
AA
+
F1, F2: Novelty, distinguishing technical features; green triangles A => AA:
(improved) activity, effect, here: double activity; blue: similar prior art;
Teaching/combination from the prior art
closest prior art (similar purpose, effect, use,
property; most technical features in common)
F1
F2
F1 F2
F2F1
obvious ?
F1 => F2:
-replacement
-addition
-deletion
-selection(overlap)
30. 08/04/2013
closest prior art (similar
purpose, most technical
features in common)
Novelty= replacement of use/activity A=>B; M', Str, Str' : families of compounds, e.g. Isosteres, Analogues
Use claims, second (non-) medical indication
+
no limitation to RN !!!
claimed subject-matter
obvious ?
M',Str' M',Str'
Teaching/combination from the prior art, common mechanism
A B
A B
StrStr
31. 08/04/2013
Graphical Decision T 913/94
closest prior art ( most similar use,
most common technical features ),
Drug Des. 31, 799 (1981)
claimed subject-matter
(EP-A-0 207 505)
GGA,
prenyl ketone,
geranylgeranyl
acetone
treatment of (experimentally
induced ) ulcer
treatment of gastritis resulting
from inflammatory lesions
anti-ulcer mechanism due to maintaining the integrity of the
mucosal barrier and prophylactic and curative treatment of ulcer
textbook: same drugs can generate/predispose
=> gastritis and formation of ulcer
reaction mechanism
A
B
B
protection function => ulcer
GGA
GGA
A
Novelty: Different diseases, A=> B,
Inventive step: prior art: common aspects in relation to the causative factors, same origin
32. 08/04/2013
Graphical Decision T 678/02
closest prior art
(JP-63,121,260)
claimed subject-matter
(EP-A0 482 287)
A,B: no equivalents; A: anode: carbon; cathode: LiCo2; B: anode: Li (alloy); cathode: org. polymer; different electrode sys-
tems/ different, electrochemical processes of the different electrode systems, though similar effects => different problems
non-aqueous
sec. battery
non-aqueous
sec. battery
AA
BB
obvious ?
F1
F2
neither combination from the prior art
nor from common general knowledge
solvent :carbonate
ester, e.g. PC/EC
mixed solvent: cyclic
ester + chain ester
e.g. DEC, DMC, MC +
mixing ratio
mixed solvent: cyclic +
non-cyclic carbonates
mixed solvent: cyclic (e.g.
EC) + chain ester; DEC/DMC
+ third solvent methyl-THF
AA
problem(s):
-prevention of decomposing
-improved life cycle capabilities
-improved discharge performance
and low temperature performance
problem(s):
-reduced ionic conductivity at
low temperatures
-desintegration of the electrode
D4: US-A4 957833
F2
D8: EP-A-0398 689
F3
A,B NOT:
33. 08/04/2013
( Non-chemical ) Process claims and PSA
cpa
claimed subject-matter
1. step A
2. step B
3. step C
1. step A
2. step C
3. step B
1. step A
2. step B
3. step C
1. step A
2. step C
3. step B
F1
F2
+
problem:
further/alternative process
common general knowledge
F1
F2
A
A
B
problem:
unexpected effect
(qualitative/quantitative)
34. 08/04/2013
Graphical Decision T 754/89 ( Epilady #1 problem)
M M
M
AAAA
AA AA
US-A-4 079 741: closest prior
art (similar purpose, most
technical features in common)
linear spring, feminine cosmetics hair
plucking device, similar concept
EP-A-0 101 656 claimed
subject-matter: Apparatus
for hair removal
F1,F2: characterizing portion; distinguishing technical features; A: ( qualitative/quantitative ) activity,
effect, property, function; M : preamble; prior art features in the same or similar technical field;
Teaching/combination from the prior art, common general knowledge
-replacement
-addition
-deletion
-selection (overlap)
obvious ?
F1 F2
F1 F2
F1 => F2:
helical spring
(different concept/
mechanism
rubber rod with slits
M
US-A-2 496 223, linear spring,
poultry plucker, similar concept
CH-A-268 696;
rotating spring;
no motor means
35. 08/04/2013
Graphical Decision T 754/89 ( Epilady # 2 problem)
M M
MAA
AA
US-A-4 079 741: closest
prior art (similar purpose, most
technical features in common)
F1,F2: characterizing portion; distinguishing technical features; A: ( qualitative/quantitative ) activity,
effect, property, function; M : preamble; prior art features in the same or similar technical field;
Teaching/combination from the prior art
-replacement
-addition
-deletion
-selection (overlap)
obvious ?
F1 F2
F1 F2
F1 => F2:
helical spring
(different concept/
mechanism)
rubber rod with slits
M
AA
AA
//
CH-A-268 696;
rotating spring;
no motor means
US-A-2 496 223: linear spring,
poultry plucker, similar concept
EP-A-0 101 656 claimed
subject-matter: Apparatus
for hair removal
;
37. 08/04/2013
Some consequences to keep in mind or what did we learn ?
Novelty: - direct disclosure, technical features
Inventive step: - indirect disclosure, equivalents/analogues/modifications; technical
effects/activities/properties/functions
correlation/separation of (technical) features ( novelty )<=> (technical) effects ( inventive step )
technical problem is a parameter of the PSA ( e.g. more/less) ambitious, further/ alternative )
PSA: mandatory for search and examination => limitation of the number of documents
PSA opens a dialogue with the Applicant inviting him to take position ( parameter: problem )
being too generous for inventive step will lead to an increase in the number of trivial patents
granting too minor developments ( trivial patents ) might lead to a lack of credibility of the patent
system
38. 08/04/2013
Some conclusions
• standardisation (independent from any personal knowledge)
• reproducible, expert, quick, reliable assessment
• being abstract the visual formalism allows a nearly objective and
expert assessment of inventive step ( in chemistry (SAR/LFER is PSA )
• graphical verification/representation as visual supplement of the text
• generalisation of structural/functional => technical features => general
application in all fields meeting the graphical novelty approach
• quick visual check for identification of a trivial patent possible
A graphical representation of the PSA allows
39. 08/04/2013
• J. Stellmach, CIPA Journal 38 (10), 674 (2009)
• J. Stellmach, World Patent Information 31, 4 (2009)
• J. Stellmach, Prop. Ind. 8, 21 (2009)
• J. Stellmach, Mitt. 98, 542 (2007)
• SAR: J. Stellmach, World Patent Information 31, 226 (2009)
• J. Stellmach, Prop. Ind. 4, 26 (2006)
• J. Stellmach, GRUR Int. 54, 665 (2005)
• SRR/LFER: J. Stellmach, World Patent Information 33, 11 (2011)
• J. Stellmach, Mitt. 98, 5 (2007)
Publications: