The document provides information about drafting a patent application, including key sections that should be included and requirements for patentability. It discusses novelty, inventive step, and provides examples to illustrate evaluating novelty and inventive step. It also outlines 10 steps for patent drafting, including spotting the invention, generalizing the embodiment, deciding on terminology, and drafting claims.
Introduction to UK Intellectual Property LawJane Lambert
An introduction to UK IP law. Presented orginally to young entrepreneurs in Bradfrod last May. Explains how the law protects investment in brands, design, technology and creative works. Gives some useful tips.
Why should you care about intellectual property?Azèle Mathieu
The sooner an entrepreneur think about protecting his/her intellectual property the better. This does not mean, not sharing his/her ideas. It simply means sharing ideas in a clever way!
Protecting intellectual property (ip) at startups - Ravi Vaikuntachar, Manage...Lounge47
“Protecting Intellectual Property at Startups” was a highly interactive
one with questions from entrepreneurs leading to much learning for all. Some key takeaways from the
session: 1) IP is not a “ghost” to be feared, but a “friend” to be nurtured 2) Familiarize yourself with all
aspects of IP relevant to your business and your idea. Just being informed helps you manage about 70% of
the risk 3) The vision of the Startup should lead to an IP strategy that allows easy answers to key questions
like – Should I patent or not? Which markets should I file patents in? etc. 4) Myths around IP should be
shattered (example: unclear explanations of ideas to obfuscate full disclosure can leave Startups with a
lack of protection) 5) The philosophy of patent protection should be understood – Governments give
inventors a monopoly for a certain period of time in return for full disclosure from the inventors so that
the next inventor/entrepreneur can execute and push the envelope for the general benefit of society 6)
Misuse of patents can kill a company. Founders should do an initial patent search to ensure that they are
not in violation. 7) Patent services companies are highly skilled (and expensive) but Startups may want to
consider hiring these services because shortcuts often lead to significant exposure 8) Startups that are
bootstrapping, can consider a provisional patent filing 9) Intellectual property is not just patents -
Copyrights, Trademarks and Trade Secrets offer protections that should be considered as well. Indian
entrepreneurs should take IP seriously to build credible businesses.
Patents, Innovation and Entrepreneurship (october 15, 2014)Roger Royse
How does the patent system work? How can you use it to protect your company's intellectual property and safeguard your technology? How valuable are patents and how does your company enforce them (or defend against patent rights)? Have the recent and proposed reforms helped or hurt the startup community? Our panel will discuss these and other cutting edge issues dealing with the patent process and how your company can maximize value.
- A patent is a grant of protection rights to an inventor for an invention, excluding others from using the invention for a set period of time, usually 16-20 years.
- Patents can be granted for new and useful designs, processes, machines, manufactures or compositions of matter.
- The WIPS database provides access to patents from the US, Europe, China, Japan and Korea, and allows searching across collections. It allows viewing and downloading patent images.
The document discusses the history and process of patents from their origins in medieval guilds to their modern form. It covers:
- The origins of patents in medieval times when guilds were granted letters patent by kings to protect craftspeople's knowledge and monopolies.
- The development of patent systems in England and the US Constitution granting Congress the power to award patents and copyrights to promote science and the useful arts.
- The key aspects of modern patents including criteria for patentability, rights conferred, subject matter that can be patented, and how to read an issued patent.
Introduction to UK Intellectual Property LawJane Lambert
An introduction to UK IP law. Presented orginally to young entrepreneurs in Bradfrod last May. Explains how the law protects investment in brands, design, technology and creative works. Gives some useful tips.
Why should you care about intellectual property?Azèle Mathieu
The sooner an entrepreneur think about protecting his/her intellectual property the better. This does not mean, not sharing his/her ideas. It simply means sharing ideas in a clever way!
Protecting intellectual property (ip) at startups - Ravi Vaikuntachar, Manage...Lounge47
“Protecting Intellectual Property at Startups” was a highly interactive
one with questions from entrepreneurs leading to much learning for all. Some key takeaways from the
session: 1) IP is not a “ghost” to be feared, but a “friend” to be nurtured 2) Familiarize yourself with all
aspects of IP relevant to your business and your idea. Just being informed helps you manage about 70% of
the risk 3) The vision of the Startup should lead to an IP strategy that allows easy answers to key questions
like – Should I patent or not? Which markets should I file patents in? etc. 4) Myths around IP should be
shattered (example: unclear explanations of ideas to obfuscate full disclosure can leave Startups with a
lack of protection) 5) The philosophy of patent protection should be understood – Governments give
inventors a monopoly for a certain period of time in return for full disclosure from the inventors so that
the next inventor/entrepreneur can execute and push the envelope for the general benefit of society 6)
Misuse of patents can kill a company. Founders should do an initial patent search to ensure that they are
not in violation. 7) Patent services companies are highly skilled (and expensive) but Startups may want to
consider hiring these services because shortcuts often lead to significant exposure 8) Startups that are
bootstrapping, can consider a provisional patent filing 9) Intellectual property is not just patents -
Copyrights, Trademarks and Trade Secrets offer protections that should be considered as well. Indian
entrepreneurs should take IP seriously to build credible businesses.
Patents, Innovation and Entrepreneurship (october 15, 2014)Roger Royse
How does the patent system work? How can you use it to protect your company's intellectual property and safeguard your technology? How valuable are patents and how does your company enforce them (or defend against patent rights)? Have the recent and proposed reforms helped or hurt the startup community? Our panel will discuss these and other cutting edge issues dealing with the patent process and how your company can maximize value.
- A patent is a grant of protection rights to an inventor for an invention, excluding others from using the invention for a set period of time, usually 16-20 years.
- Patents can be granted for new and useful designs, processes, machines, manufactures or compositions of matter.
- The WIPS database provides access to patents from the US, Europe, China, Japan and Korea, and allows searching across collections. It allows viewing and downloading patent images.
The document discusses the history and process of patents from their origins in medieval guilds to their modern form. It covers:
- The origins of patents in medieval times when guilds were granted letters patent by kings to protect craftspeople's knowledge and monopolies.
- The development of patent systems in England and the US Constitution granting Congress the power to award patents and copyrights to promote science and the useful arts.
- The key aspects of modern patents including criteria for patentability, rights conferred, subject matter that can be patented, and how to read an issued patent.
Intellectual Property Protection for ProductsJeremy Horn
Slides Calvin Chu recently used in his discussion w/ mentees of The Product Mentor.
The Product Mentor is a program designed to pair Product Mentors and Mentees from around the World, across all industries, from start-up to enterprise, guided by the fundamental goals…Better Decisions. Better Products. Better Product People.
Throughout the program, each mentor leads a conversation in an area of their expertise that is live streamed and available to both mentee and the broader product community.
http://TheProductMentor.com
This document provides an overview of intellectual property, including patents, trademarks, and copyright. It discusses what can be patented or trademarked, how intellectual property is protected, and the costs associated with obtaining patents. Key points covered include the importance of intellectual property for companies, how to avoid infringing on others' intellectual property, and factors to consider in deciding whether to patent an invention.
The document summarizes the Patent and Trademark Resource Center Program (PTRCP) run by the United States Patent and Trademark Office (USPTO). The PTRCP designates over 80 libraries as Patent and Trademark Resource Centers (PTRCs) to provide public access to patent and trademark documents and assistance. PTRCs must meet service standards set by the USPTO, including providing training and metrics to the USPTO. The program aims to disseminate patent and trademark information to inventors, businesses, attorneys and others.
The document discusses intellectual property (IP) protection strategies for engineering ideas and inventions. It explains that while ideas alone are not enough to commercialize an invention, overprotecting IP can also deter investors. The best strategy is to appeal to investors without appearing too permissive. It then discusses various forms of IP protection like patents, trademarks, registered designs, copyright, and trade secrets, when they should be considered, and how to identify and protect valuable technological and scientific creations.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
2018-12-04 Diederik Stols presents Legal at Founder Institute Lisbon Fall 2018Sandro Batista
This document discusses intellectual property (IP) considerations for startups. It covers selecting trademarks like company names and logos to protect brands. Copyright protects original creative works. Patents protect innovative inventions. Licensing allows making money from IP through agreements. Founders must consider IP from both internal sources like employees as well as external partners and competitors. The presentation recommends startups identify key IP like business models, names and know-how to protect from the beginning.
What do businesses need to know about Intellectual Property? This presentation covers the basics of Trade Secrets, Patents, Trademarks, and Copyrights for entrepreneurs, business owners, freelancers, and creative professionals.
Tom Hutchinson "Practical Intellectual Property"Jane Lambert
This is the second presentation in IP North West's seminar on IP law on 12 Oct 2011. This talk was presented by patent agent, Tom Hutchinson, principal of Hutchinson IP. In his talk, Tom considers "What is IP", "Why it is important?", "Types of IP", "Patent Attorneys" and "Tom's Top Tips". Tom is particularly well qualified to talk to FabLab because he researched additive manufacturing technology before he became a patent agent.
The document discusses various forms of intellectual property protection including patents, trademarks, industrial designs, copyright, domain names, trade secrets, plant breeders' rights, and integrated circuit topographies. It provides an overview of what each protects, requirements for obtaining protection, how long protection lasts, and the process for registering protection. Key steps in the patent and trademark processes are outlined, including prior art searches, drafting applications, examination procedures, registration, and enforcement of rights.
This workshop discusses intellectual property concepts like patents, copyrights, and trademarks. It explores the patent process from idea inception to application to approval. Attendees will learn tips from IBM patent authors and lawyers. The workshop agenda includes discussions of patent anatomy, drafting and review, infringement, and licensing. The goal is to help people understand how to protect their innovations and earn recognition through the patent process.
This a quick blast walk through patents, trademarks, and trade secrets (with only a little on copyright). Focused on the needs of startup entities. I just gave the presentation at CoCoMSP - a collaborative workspace in St. Paul - and previously gave at the Carlson School. Feel free to review/download. But please give attribution for other use. Comments welcome.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
This document discusses intellectual property and sharing in the context of Fab Labs. It provides background on intellectual property concepts like patents, copyright, industrial design rights, and trade secrets. It then maps different types of creations like physical inventions, designs, software, and documentation to the relevant intellectual property protections. The document emphasizes that while intellectual property can be obtained, designs and processes developed in Fab Labs must remain available for individual use and learning according to the Fab Charter principle of secrecy. Sharing is still possible through private and educational use exceptions as well as inspiration.
Intellectual Property: What is intellectual property, and why is it important? Mintz Levin
This document provides an overview of various forms of intellectual property including trademarks, copyrights, trade secrets, and patents. It discusses what each type of intellectual property protects, how to obtain protection, duration of protection, benefits of protection, and common issues to consider. The document covers topics such as trademark clearance searches, federal registration of trademarks and copyrights, requirements for patents including novelty and non-obviousness, international protection, and types of patent applications.
Mach Dein Ding: The Stuff We Make in Legalese (Creative Commons: Geistiges Ei...Peter Troxler
The document discusses intellectual property (IP) and different mechanisms for protecting creations and inventions, including patents, copyright, and industrial design rights. It provides background on the history of patents and copyright, dating back to the 15th century, and how they evolved from royal monopolies to the current IP systems. The types of "stuff" people make are categorized, along with the applicable legal terms and protection mechanisms for each type, such as patents for inventions, copyright for artistic works, and industrial design rights for ornamental creations.
This document discusses different types of intellectual property rights including trademarks, copyrights, and design protection. It provides examples of trademarks like KFC and copyrights for the cartoon Dexter's Laboratory. Design protection is explained as protecting the appearance of a product. An example is given of a baby hammock designed by Baby and Children that was successfully commercialized after receiving an international design registration, allowing the company to legally market its product worldwide. The conclusion emphasizes how intellectual property contributes to economies and consumers.
This document discusses key intellectual property issues for new business leaders. It covers the main types of intellectual property - patents, trade secrets, copyrights, and trademarks. For each type, it describes what they are, how to obtain them, their value, and important considerations. The overall message is that business leaders need to understand intellectual property in order to protect their ideas and brands through the appropriate legal means. They must also be aware of enforcement and ownership issues related to intellectual property.
Topics covered in this month’s patent prosecution presentation include a discussion of the new extended missing parts program, the Microsoft v. i4i case in which the clear and convincing standard for the presumption of validity is being challenged, the Costco v. Omega case regarding foreign first sale doctrine, patent office appeals practice, and joint infringement.
Intellectual Property Protection for ProductsJeremy Horn
Slides Calvin Chu recently used in his discussion w/ mentees of The Product Mentor.
The Product Mentor is a program designed to pair Product Mentors and Mentees from around the World, across all industries, from start-up to enterprise, guided by the fundamental goals…Better Decisions. Better Products. Better Product People.
Throughout the program, each mentor leads a conversation in an area of their expertise that is live streamed and available to both mentee and the broader product community.
http://TheProductMentor.com
This document provides an overview of intellectual property, including patents, trademarks, and copyright. It discusses what can be patented or trademarked, how intellectual property is protected, and the costs associated with obtaining patents. Key points covered include the importance of intellectual property for companies, how to avoid infringing on others' intellectual property, and factors to consider in deciding whether to patent an invention.
The document summarizes the Patent and Trademark Resource Center Program (PTRCP) run by the United States Patent and Trademark Office (USPTO). The PTRCP designates over 80 libraries as Patent and Trademark Resource Centers (PTRCs) to provide public access to patent and trademark documents and assistance. PTRCs must meet service standards set by the USPTO, including providing training and metrics to the USPTO. The program aims to disseminate patent and trademark information to inventors, businesses, attorneys and others.
The document discusses intellectual property (IP) protection strategies for engineering ideas and inventions. It explains that while ideas alone are not enough to commercialize an invention, overprotecting IP can also deter investors. The best strategy is to appeal to investors without appearing too permissive. It then discusses various forms of IP protection like patents, trademarks, registered designs, copyright, and trade secrets, when they should be considered, and how to identify and protect valuable technological and scientific creations.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
2018-12-04 Diederik Stols presents Legal at Founder Institute Lisbon Fall 2018Sandro Batista
This document discusses intellectual property (IP) considerations for startups. It covers selecting trademarks like company names and logos to protect brands. Copyright protects original creative works. Patents protect innovative inventions. Licensing allows making money from IP through agreements. Founders must consider IP from both internal sources like employees as well as external partners and competitors. The presentation recommends startups identify key IP like business models, names and know-how to protect from the beginning.
What do businesses need to know about Intellectual Property? This presentation covers the basics of Trade Secrets, Patents, Trademarks, and Copyrights for entrepreneurs, business owners, freelancers, and creative professionals.
Tom Hutchinson "Practical Intellectual Property"Jane Lambert
This is the second presentation in IP North West's seminar on IP law on 12 Oct 2011. This talk was presented by patent agent, Tom Hutchinson, principal of Hutchinson IP. In his talk, Tom considers "What is IP", "Why it is important?", "Types of IP", "Patent Attorneys" and "Tom's Top Tips". Tom is particularly well qualified to talk to FabLab because he researched additive manufacturing technology before he became a patent agent.
The document discusses various forms of intellectual property protection including patents, trademarks, industrial designs, copyright, domain names, trade secrets, plant breeders' rights, and integrated circuit topographies. It provides an overview of what each protects, requirements for obtaining protection, how long protection lasts, and the process for registering protection. Key steps in the patent and trademark processes are outlined, including prior art searches, drafting applications, examination procedures, registration, and enforcement of rights.
This workshop discusses intellectual property concepts like patents, copyrights, and trademarks. It explores the patent process from idea inception to application to approval. Attendees will learn tips from IBM patent authors and lawyers. The workshop agenda includes discussions of patent anatomy, drafting and review, infringement, and licensing. The goal is to help people understand how to protect their innovations and earn recognition through the patent process.
This a quick blast walk through patents, trademarks, and trade secrets (with only a little on copyright). Focused on the needs of startup entities. I just gave the presentation at CoCoMSP - a collaborative workspace in St. Paul - and previously gave at the Carlson School. Feel free to review/download. But please give attribution for other use. Comments welcome.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
This document discusses intellectual property and sharing in the context of Fab Labs. It provides background on intellectual property concepts like patents, copyright, industrial design rights, and trade secrets. It then maps different types of creations like physical inventions, designs, software, and documentation to the relevant intellectual property protections. The document emphasizes that while intellectual property can be obtained, designs and processes developed in Fab Labs must remain available for individual use and learning according to the Fab Charter principle of secrecy. Sharing is still possible through private and educational use exceptions as well as inspiration.
Intellectual Property: What is intellectual property, and why is it important? Mintz Levin
This document provides an overview of various forms of intellectual property including trademarks, copyrights, trade secrets, and patents. It discusses what each type of intellectual property protects, how to obtain protection, duration of protection, benefits of protection, and common issues to consider. The document covers topics such as trademark clearance searches, federal registration of trademarks and copyrights, requirements for patents including novelty and non-obviousness, international protection, and types of patent applications.
Mach Dein Ding: The Stuff We Make in Legalese (Creative Commons: Geistiges Ei...Peter Troxler
The document discusses intellectual property (IP) and different mechanisms for protecting creations and inventions, including patents, copyright, and industrial design rights. It provides background on the history of patents and copyright, dating back to the 15th century, and how they evolved from royal monopolies to the current IP systems. The types of "stuff" people make are categorized, along with the applicable legal terms and protection mechanisms for each type, such as patents for inventions, copyright for artistic works, and industrial design rights for ornamental creations.
This document discusses different types of intellectual property rights including trademarks, copyrights, and design protection. It provides examples of trademarks like KFC and copyrights for the cartoon Dexter's Laboratory. Design protection is explained as protecting the appearance of a product. An example is given of a baby hammock designed by Baby and Children that was successfully commercialized after receiving an international design registration, allowing the company to legally market its product worldwide. The conclusion emphasizes how intellectual property contributes to economies and consumers.
This document discusses key intellectual property issues for new business leaders. It covers the main types of intellectual property - patents, trade secrets, copyrights, and trademarks. For each type, it describes what they are, how to obtain them, their value, and important considerations. The overall message is that business leaders need to understand intellectual property in order to protect their ideas and brands through the appropriate legal means. They must also be aware of enforcement and ownership issues related to intellectual property.
Topics covered in this month’s patent prosecution presentation include a discussion of the new extended missing parts program, the Microsoft v. i4i case in which the clear and convincing standard for the presumption of validity is being challenged, the Costco v. Omega case regarding foreign first sale doctrine, patent office appeals practice, and joint infringement.
The document discusses various free and paid tools for searching patent documents on the internet. It provides examples of 9 different tools, describing their key features and capabilities. The document concludes with recommendations for using free databases to get quick answers, while relying on paid mid-range or specialized databases for more critical or high-volume searching due to limitations of free tools like incomplete, outdated or inaccurate data.
Technology export includes transferring industrial property rights, know-how, and granting licenses related to technology and business management. It allows firms to enter foreign markets quickly with fewer risks than wholly-owned subsidiaries. Joint ventures are collaborative partnerships between two or more companies, where resources are shared to achieve common goals. Selecting the right partner, properly structuring the agreement, and learning from each other are keys to success. The case study of SBOC, a joint venture between a Chinese and British company, thrived due to consensus decision making, quality focus, and patience to achieve long-term growth.
Workshop for the Intellectual Property Department of the Sapalo Velez Bundang & Bulilan Law Offices, Marikina East Lake View Farm (MELF) Morong, Rizal (Philippines), 13 January 2012
The course covers the following topics:
* General Intro to IP Rights
* Patenting Timeline and Costs
* The Patent Description
* Approaches to Claim Drafting
Part of the MaRS Best Practices Event Series. For more information, please visit: http://www.marsdd.com/Events/Event-Calendar/Best-Practices-Series/patents-05072009.html
2009 04 21 Lessons Learned Eln ImplementationsSimon Coles
Discusses the issues of Records Management and Patent Evidence in Laboratories, with particular emphasis on Electronic Lab Notebooks.
Delivered at IQPC Data Management & Knowledge Discovery. 21st April 1009, Frankfurt, Germany.
This document discusses different types of patent searches and strategies for conducting patent searches. It identifies seven main types of patent searches: state of the art, novelty, validity, name, freedom to operate, non-infringement opinion, and family/legal status. It also outlines eight strategies for searching patent databases, including using keywords, Boolean operators, nesting, phrases, truncation, classification searches, citation searches, and assignee/inventor searches. Finally, it identifies some free patent databases and concludes with key points about the coverage of patent documents.
The document discusses patents and the patent process at IBM. It defines what a patent is and explains that it provides exclusive rights over an invention for a limited time. The document outlines what can be patented, including mechanical structures, electrical circuits, chemical compounds, and methods. It describes the basic requirements for an invention to be patented as being useful, novel, and involving an inventive step. The document provides details on how to file a patent within IBM, including awards provided for patent filings and issuances. It notes that IBM received over 2,800 patents in 2000, topping all other companies, and has nearly 34,000 patents worldwide.
The document discusses conducting a patentability search, including why they are important, how to search patent classifications, and examples of patent infringement cases. It describes searching major patent databases like Espacenet and USPTO to find prior art and check for patent applications. Classification searches involve searching patents within a particular class and subclass. The Cooperative Patent Classification (CPC) system aims to develop a joint classification for the European and US patent offices.
Patent Strategy for Startups, Hardware Workshop SF 2015 Peter Miller
Peter Miller of Run8 Patent Group speaks on Patent Strategy for Startups at Hardware Workshop SF, 17-SEP-2015
Full video here: https://www.youtube.com/watch?v=RxpglTNQOyc
Website based patent information searching mechanismiaemedu
This document summarizes a research paper on developing a website-based patent information searching mechanism. It discusses how patent information can be used for technology development, rights acquisition and utilization, and management information. It describes different types of patent searches including novelty, validity, infringement, and state-of-the-art searches. It also evaluates and compares two major patent websites, Delphion and USPTO, in terms of their search capabilities and features.
Descripción de las principales bases de datos de patentes gratuitas; desarrollo de 12 ejemplos de dificultad creciente sobre busquedas en el sector biomedico
Fuentes de información de patentes y marca: presentación en socialbiblio febr...Esther Arias Pérez-Ilzarbe
El documento proporciona información sobre las fuentes de información de patentes y marcas. Explica que las creaciones se protegen desde su creación mediante derechos morales y patrimoniales, y que el registro en la propiedad intelectual otorga una fecha pero no evalúa la obra. Además, describe los diferentes tipos de propiedad industrial como patentes, modelos de utilidad, diseños y marcas, incluyendo sus requisitos, duraciones y obligaciones.
Este documento describe las diferentes formas en que los seres humanos pueden ser creativos, como libros, canciones, películas, etc. También explica que la propiedad intelectual y la propiedad industrial protegen las creaciones de las personas a través de patentes, marcas y diseños industriales registrados para reconocer su trabajo y evitar que otros lo copien. Finalmente, enfatiza la importancia de ser creativo e innovador para resolver problemas de maneras únicas en lugar de simplemente copiar las ideas de los demás.
Este documento proporciona información sobre varios temas relacionados con la propiedad intelectual. Explica que las creaciones se protegen desde su creación y que existen derechos morales y patrimoniales. También describe los diferentes tipos de propiedad industrial como patentes, marcas y diseños industriales, así como los requisitos y procesos para registrarlos. Finalmente, ofrece consejos sobre cómo hacer valer los derechos de propiedad y buscar información sobre patentes.
El documento resume las estadísticas sobre la brecha de género en España en campos relacionados con la tecnología como las carreras técnicas, la investigación, las patentes y las empresas de base tecnológica. Muestra que a medida que hay más especialización técnica, la brecha entre hombres y mujeres aumenta, con las mujeres representando sólo el 8.25% de las patentes y el 3% de las empresas tecnológicas. También explora algunas de las razones para esta brecha, como la falta de acceso al capital y los roles
Este documento resume los diferentes tipos de protección de la propiedad intelectual e industrial, incluyendo derechos de autor, patentes, marcas y diseños. Explica cómo se protegen diferentes creaciones como obras literarias, perfumes, composiciones químicas y envases a través de estos derechos. También describe brevemente la industria del perfume y ejemplos de cómo se han protegido fórmulas y moléculas esenciales.
Hola, bienvenido a INVENES, la base de datos de patentes y modelos de utilidad españoles. Aquí podrás realizar búsquedas avanzadas sobre la documentación técnica protegida en España.
Te recomiendo empezar realizando una búsqueda básica para familiarizarte con la interfaz. Puedes buscar por palabras clave en todos los campos o filtrar por título, resumen, número de publicación, etc.
Una vez hayas encontrado documentos relevantes, podrás ver los detalles completos de cada uno incluyendo la descripción
Este documento explora varios términos emergentes relacionados con las patentes, incluidas las patentes submarinas, los Patent Trolls, los Patent Busters y los Patent Thickets. Explica que las patentes submarinas son patentes ocultas que se usan para obtener ganancias cuando aparece un producto exitoso relacionado con su tecnología. Los Patent Trolls son titulares de patentes que obtienen ganancias a través de litigios en lugar de la explotación comercial, mientras que los Patent Busters intentan anular patentes. Los Patent
El documento discute las razones por las que las empresas españolas no solicitan muchas patentes, a pesar de que el proceso no es tan caro o difícil como se piensa. Señala que aunque el número de solicitudes nacionales se ha mantenido estable, las solicitudes internacionales han aumentado. Las empresas no están aumentando su participación en el sistema de patentes posiblemente debido a desconocimiento, percepciones sobre la confiabilidad del sistema o estrategias empresariales.
Este documento describe un ejercicio de vigilancia tecnológica de patentes relacionadas con el tratamiento de medusas para productos alimenticios utilizando herramientas gratuitas de Internet. Se realizan búsquedas en las bases de datos española e internacional Espacenet para encontrar patentes relevantes. La búsqueda en España encuentra una patente caducada para el tratamiento de medusas con sal y alumbre, mientras que la búsqueda internacional arroja varias patentes extranjeras sobre el tema.
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Patent Draft Esther Arias
1. 6/10/09
Patent Draft
Esther Arias Pérez-Ilzarbe
October 20092009
OEPM
Oficina Española de Patentes y
Marcas
Esther.arias@oepm.es
Patent Draft
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1
2. 6/10/09
Creations
of the mind
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IP Assets
What is a Patent?
•!Patent gives its owner certain limited-term rights to
exclude others from making, using or selling an
invention in a country
•!In return for these rights, the patent must describe
how to construct the invention and how to use it, and
define in a set of valid claims the scope of protection
requested
•!A patent may not allow to practice the invention
defined therein: NO GUARANTEE of Freedom to
Operate (ex. health regulations; cross patents)
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•!Once the patent rights run out, everyone can use
the information to invent further and so more
knowledge becomes available to society
2
3. 6/10/09
What can be the subject of a
Patent?
1.! Mechanical Devices and Articles of Manufacture:
“hockey skates”
2.! Process/Methods: “new apparatus for filtering and
purifying plant extracts” as well “his filtration method”
3.! Chemical compositions or compounds: “Tamiflu”
4.! Isolated and Characterized Molecules
5.! Genetic organisms/Gene sequences
6.! Computer programs?- USA, and EP with some conditions
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7.! Improvements on prior inventions: “improved brush to
clean the floor”
Patent = Disclosure
A typical patent application includes the
following sections
–!Object of invention
–!Statement of invention
–!Summary of invention
–!Brief description of drawings
–!Detailed description of the invention
–!Claims
–!Drawings
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PATENT APPLICATIONS ARE SIMILAR AROUND THE
WORLD ALTHOUGH LAWS DEFINE DIFFERENT RULES
3
4. 6/10/09
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Patent Thicket
HOW CAN BE APPLY FOR
NEW PATENTS?
IT IS DIFFICULT
TO FIND A
“FREE WAY”
BUT YOU HAVE
TO TRY IT !
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4
5. 6/10/09
Requirements on Patentability
•! Novelty
•! Inventive Step
•! Industrial Applicability
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Novelty: Legal basis
An invention is new when it is
not part of the state of the art
Everything made available to the public anywhere in
the world prior to the relevant date
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2002 2003 2004 2005 2006 2007 2008
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time (year)
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6. 6/10/09
What is the state of the
art?
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Examining Novelty: the
Novelty test
•! The invention as claimed is examined on
novelty, rather than the embodiments
•! An Application is not new when the state of
the art has all the features of the application
and is suitable for solving the same
problem as the Application
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VIAGRA AS HAIR RESTORER IS NEW
ALTHOUGH THE COMPOUND ITSELF IS
WELL KNOWN
6
7. 6/10/09
Novelty Flow Diagram
Disclosure available before no
The filing/priority date novel
(if any) of the application?*
(*) it is assumed
yes that the priority
is validly claimed
Identify the technical
Features of the claim
no novel
Identify technical features
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In a disclosure that are Identical ?
Common to the claim
yes Not novel
A device for watering plants
having a water containing portion
(1), a handle (2), an opening with
a lid (3) and a spout (4)*.
* A spout is a projecting pipe or tube, e.g. in a
tea-pot.
F
E
B
A C
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D
14
7
8. 6/10/09
Inventive Step ...
Suppose we had only the Novelty
requirement for Patentability ...
MAIN
INVENTION
Other Inventions ?
Are minor, merely novel
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improvements to known
devices worthy of
protection?
Inventive Step ...
•! Historical Introduction
–! Novelty
–! Utility
–! … something more…
•! Non-Obviousness (DE, US, UK)
•! Reasons to establish this requirement
–! ...it must be a good reason to grant a monopoly.
–! ...discourage speculators.
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–! ... minimize misgivings by limiting patents to free
trade
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9. 6/10/09
Harmonization
Article 33(3) P.C.T.
... a claimed invention shall be considered to
involve an inventive step if, having regard to
the prior art as defined in the Regulations, it is
not, at the prescribed relevant date, obvious
to a person skilled in the art
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Inventive step
•! The question is, which inventions are
obvious having regard to the state of
the art?
•! This is a quite subjective question, isn’t
it?
•! Using the Problem/Solution approach
makes the decision process as
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objective as possible
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10. 6/10/09
PROBLEM-SOLUTION
APROACH
Basic Elements
•! Identify the closest prior art: eliminate irrelevant
prior art
•! Formulate the problem to be solved
•! Prevent the use of hindsight
•! Is the solution obvious to the skilled person,
starting from the closest prior art?
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•! But It does not automatically give you the right
answer!
PROBLEM-SOLUTION
APROACH
Questions
Q1. Closest prior art?
Q2. Difference with (claimed) invention (in terms of technical
features)?
Q3. Technical effect (if any)?
Q4. (Objective) technical problem?
Q5. Solution = Difference?
Q6. Would the person skilled in the art:
–! recognize and solve the problem, on the basis of the
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totality of the prior art, and without employing inventive
skills?
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11. 6/10/09
US METHOD FOR INVENTIVE STEP EVALUATION
Test TSM : TEACHING, SUGGESTION, MOTIVATION
BUT AFTER 2007 (KSR DECISION): more flexible application of the TSM
test
At the USPTO: Graham v John Deere (1966)
“..to a person having ordinary skill in the art”
•! State of the Art determination ( Analogous Prior
Art)
•! Differences between prior art and claims
•! Resolving the level of ordinary skill in the
pertinent Art
•! Secondary considerations
EVIDENCE: The prior art must suggest or motivate the
desirability of the claimed invention and within a reasonable
expectation of success.
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BOTH MUST BE FOUND IN THE PRIOR ART NOT ON
APPLICANT’S DISCLOSURE
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INVENTIVE STEP EXAMPLE
1.- PEPPER AND SALT
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12. 6/10/09
PEPPER AND SALT
Claims:
1.- Cutlery item constituted by a hollow handle (1), for receiving spices, with
a rear part lid (2) with outlet-openings (3) where it is installed a cover
element (4) that prevents escape of the spices during non-use.
2.- Cutlery item according to claim 1, characterized in that the cover element
(4) is provided with protrusions (5) which penetrate into the openings (3) in
a closed position.
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Closest Prior Art: D1
The closest element of
the prior art has a hinged
lid that covers the holes
(movement in horizontal
plane).
Examined Application D1
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13. 6/10/09
1.- In view of document D1:
Do the claims 1 and 2 have Novelty
and Inventive Step?
2.- What technical feature would be
necessary to combine and object
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claim 2?
Another document D2 arises
Pepper container with a cover
comprising protrusions to penetrate
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into the openings of the lid to
prevent clogging.
3.- Facing document D2, is claim 2 Inventive?
13
14. 6/10/09
SOLUTION:
"! Claim 1 is not new:
it comes directly and unambiguously from
document D1
"! Claim 2 lacks inventive step:
it will be obvious for a person skilled in the art to
combine the locking means disclosed at
documents D1 and D2.
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Drafting a patent is one of the steps of a
commercial strategy, but sometimes
patents applications are a strategy to close
the market
Failure?
Success?
Enforcement
Commercialization
Grant and publication of the patent
Prosecution of the patent application
Drafting and filing of a patent application
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Crystallizing the idea behind the invention
Finding a solution for a technical problem
14
15. 6/10/09
For drafting patent applications it is
important
•! To understand the invention
•! Find the “gist” of the invention (essence)
•! Find the right embodiments
•! Find the right words, terminology and
sentences to describe the invention
•! Have imagination: how competitors could
avoid the claimed invention but still take
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advantage of its teachings (foreseeing
the future)
One way road
•! You cannot broaden the disclosure and the claims
after the application that was filed
•! You do not get a second chance except for simple
clarifications and for narrowing the claims when
further prior art is taken into account
•! You cannot get protection for what is not described
properly
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•! You cannot broaden the claims of a granted patent
15
16. 6/10/09
The 10 steps involved in patent drafting
1 Spotting the invention
2 Generalizing the invention
3 Drawing one or more figures showing the invention
4 Arranging the figures of the drawing in a sequence
5 Deciding on the terminology to describe the invention
6 Drafting the claims
7 Drafting the detailed description (reference numerals)
8 Inserting the reference numerals in the claims
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9 Writing the introductory part of the description
10 Writing the abstract using the reference numerals
Step 1: Spotting the invention
•! Identify what that invention is about.
•! If there is a novel invention
•! What are the differences between the closest prior art and the
invention that can spot?
(or catch, detect, determine, discern, discover, distinguish, find,
isolate, identify, notice, make out, locate, perceive, pick
out,recognize, single out etc.)
•! Which specific difference has the technical effect that seems to
be the most important one?
(most significant, most substantial or most unexpected one)?
•! Identify the new feature(s) or combination of features which provide
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the “trick” of the invention (inventive step requirement): what
problem did the invention solve
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18. 6/10/09
•!1 s t C l a i m
•!35 claims more
WO2007112987
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Search report
WO2007112987
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19. 6/10/09
OEPM Written opinion.-search report of WO2007112987
Written opinion.-search report of WO2007112987
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19
20. 6/10/09
OEPM Written opinion.-search report of WO2007112987
US3899803- cited in the search report of WO2007112987
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Step 2: Generalizing the embodiment
of the invention
•! Once we have spotted the specific feature or
combination of features important for the invention we
are still not quite ready to draft our main claim.
•! We need to generalize the important feature(s) and
crystallize what we think the general idea underlying
the invention is.
•! This can be done once a narrow main claim has been
drafted and is reviewed (several times).
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•! It is important to generalize the concept of the invention
by concentrating on the essential features,by using
broad technical concepts, broad language and by
avoiding unnecessary limitations.
Steps 3 and 4: Drawings
•!Drawings are required when they are necessary for
the understanding of the invention.
•!To make patent drafting easier, it is good to have a
sensibly ordered set of drawings which move from a
broad overview, via intermediate drawings to those that
show the details of the invention.
•!Flow sheets and diagrams are considered
drawings.
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Step 5: Deciding on the terminology to
describe the invention
•!When writing the description it can be helpful to have a set
of drawings to hand which you have labeled with the
names of the parts shown in the drawings.
•! Write down next to each element shown in each of the
figures show these elements are called by the specialist
and how they could be named in broad terms
(e.g. instead of copper wire it might be electrical conductor)
•! Use dictionaries and/or published patent documents
downloaded from the internet
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•!Be carefull using words containing absolutes of any
sort: if a patent application uses words like “must” or
“always”, these words express a very precise and accurate
situation in case of litigation
Step 6: The Claims
The claim or claims shall define the matter for which
protection is sought (searched).
Claims shall be clear and concise.
They shall be fully supported by the description.
A series of numbered statements in a patent
specification, usually following the description, that
define the invention and establish the scope of the
monopoly conferred by the patent.
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Each claim consists of one sentence starting with a
capital letter and ending with a full stop
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23. 6/10/09
The drafting dilemma
•! Claiming too broadly (covering prior art):
–! No Protection at all since the claim is not “new”
•! Claiming too narrow (terminology, features):
–! Competitor can use the invention
•! Claiming just right:
–! This is an art and requires lots of imagination.
–! Each claim should be a single sentence and should
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be clearly worded (drafted, written)
–! Each claim should be precise and without
unnecessary repetition
Specific vs General
•! Description of a specific compound
destroy novelty of a general claim that
include the specific compoun
Document describing a copper cable
DESTROY NOVELTY
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Claim: metal cable
23
24. 6/10/09
General vs Specific
•! A general description claim doesn’t
destroy novelty of a specific compound
Document describing a “metal cable”, and in
all the embodiments the metal is copper
NOT DESTROY NOVELTY
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Claim: aluminium cable
The drafting dilemma
•! Rights are given to claims only, not for any matter described in
the complete specification. On the other hand claiming what is not
supported by the description must be avoided
•! Claims define the boundaries of legal protection and form a
protective fence around invention
•! Each claim is evaluated on its own merit and, therefore, if one of
the claims is objected, it does mean that the rest of the
claims are invalid: dependent claims often cover advantageous
ways to realize the invention. They can be used as fallback
positions in case the independent claim is rejected or cancelled
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by a court
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25. 6/10/09
Types of claims
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BASIC STRUCTURE OF CLAIMS
A PATENT CLAIM IS COMPOSED OF THREE PARTS:
1.! PREAMBLE/INTRODUCTORY PHRASE/PRIOR ART
2.! MAIN BODY OF THE CLAIM OR INVENTIVE PART OF THE
CLAIM
3.! THE LINKING WORD THAT JOINS THE TWO
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26. 6/10/09
CLAIM FORMAT …
•!Claim shall define the invention in terms of technical
features
•!Definitions in terms of non-technical features are
excluded:
-!Economic advantages
-!Aesthetic features
-!Legal statements
-!Value statements
-!Statements of origin
-!Fancy names..
Example: “A new and inexpensive instrument for
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executives with an urge to write” .
Could be a pen or pencil?
CLAIM FORMAT …
TRANSITION WORDS
COMPRISING – CONSISTING OF
• “Comprising” is equivalent to “open” definition
A geometrical device comprising three sides
connected together at equal angles
(Covers primarily an isoscelese triangle but also
inlcudes various poligons)
• “Consisting of” is equivalent to “closed” or “exactly”
A geometrical device consisting of three sides
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connected together at equal angles of 60º
(limited to an isoscelese triangle)
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27. 6/10/09
CLAIM FORMAT …
TRANSITION WORDS –
Characterized
Substantially as described
Use of…for the treatmente of condition…
• “Characterized in that" or "characterized by”
This format is used in EP patents, but not in USA
patents,
• “Substancially as described”
Omnibus Patent. Format not allowed in USA patents.
-"Use of substance X in the manufacture of a
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medicament for the treatment of condition Y”
Swiss patent
Types of claims
•!Independent Claim: The claim which covers all the significant
characteristics of the invention. Generally, the first claim is Independent
Claim which reflects the whole picture of the invention.
•!Dependent Claim: The claim which depends on a claim or several
claims is called dependent claim. Generally, the subsequent claims of an
Independent claim are Dependent Claim.
•!Omnibus Claim: It is usually used in order to ensure that nothing
that has been mentioned in the description and drawings has been left out
of the claims. The words such as "substantially as described" or
"substantially as described with reference to the drawings" or
"substantially as described herein" are commonly used to claim as
Omnibus Claim
"Apparatus as described in the description" or "An
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x as shown in Figure y".
NOT ALL THE COUNTRIES ALLOWED OMNIBUS CLAIMS
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28. 6/10/09
Types of claims
•!Jepson Claim: A Jepson claim admits that the invention is an
improvement on a previous invention. The claim must be written in a
specific order. First, give a general description of the known elements or
steps of the existing invention. Second, state “wherein the improvement
comprises” or something similar like “wherein the combination with”. And
third, list the elements or steps that are new or improved over the previous
invention.
A system for storing information having (...) wherein
the improvement comprises…
In USA they are rarely used, since they introduce a potencial risk.
Everything before the separating phrase is assumed to be known, whether
that is in fact true or not
•!Swiss Claim:. Swiss-type claim or "Swiss type of use claim" is a claim
intended to cover the first, second or subsequent medical use (or
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indication) of a known substance or composition.
Use of substance X in the manufacture of a
medicament for the treatment of condition Y…
Step 7: Purpose of the description.
•! To disclose and teach the invention;
•! To support the claims;
•! To provide the basis for interpretation of the
•! claims;
•! To provide a context within which to view the claims;
•! To provide basis for future amendment of the
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claims (during prosecution or litigation).
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29. 6/10/09
The description
Shall disclose the invention in a manner sufficiently
clear and complete for the invention to be carried out
by a person skilled in the art.
Describe in detail at least one way of carrying out the
invention claimed;
This shall be done using examples where appropriate
and with reference to the drawings, if any
Bearing in mind that the application, when published,
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will be prior art against new inventions, it is important to
avoid including examples which unnecessarily
disclosure details of potentially new developments
The description
•! Describe the invention in its context. Start with the big
picture and work into the detail of the invention.
•! Do not throw the reader right into the heart of the
invention: lead the reader progressively along a logical
path with no sudden changes of direction.
•! Avoid criticisms of prior art, just compare technical
features
•! When the way in which an invention is capable of
explotation in industry is not obvious from the
description or the nature of the invention, the
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description should end by an explicit indication
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30. 6/10/09
Step 8: Inserting the reference numerals
in the claims
•! When the detailed description is finished
it takes only a little time to insert the
reference signs or reference numerals
into the claims drafted earlier.
•! The parts list made during the drafting of
the description can help to avoid errors or
omissions
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Step 9: Introductory part of the
description
•! The description shall first state the title of the invention
•! Specify the technical field to which the invention
relates;
•! Indicate the background art which, as far as known to
theapplicant, can be regarded as useful for the
understanding,searching and examination of the
invention, and, preferably,cite the documents reflecting
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such art;
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31. 6/10/09
Step 10: The abstract
•! Intended to help searchers know what the
patent is about.
•! 150 words maximum.
•! Often based on the main claim, but this is not always
helpful.
•! Unlike the other parts of an application, does
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not contribute to the disclosure of the invention.
•! But an abstract is “prior art” for future applications
Following Step 10: Review
•!When you have finished your specification
(complete description, claims,
drawings,abstract) review it, particularly with
reference to the language of the claims.
•!Are all the features mentioned in the claims
also present in the description?
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•!Have you explained how the embodiments or
elements of the invention interact or can be
used together?
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32. 6/10/09
Differences between US and
European patents
1. Entitlement to own and file.
2. What is patentable.
3. Novelty.
4. Best Mode.
5. Inventive step vs obviousness.
6. Treatment of amendments.
7. Claim structure.
8. Unity of invention.
9. Continuation and divisional application.
10. Information and inequitable contact.
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11. Examination experience.
12. Litigations.
Entitlement to own and file
•! Ownership of patent in USA goes to first to invent, in Europe to
the first inventor or successor to [e.g. employer, assignee …]
•! In USPTO normal application has to be filed by inventor or
someone acting for and on behalf of inventor so get ownership
before filing.
Filing in the wrong name with deceptive intent can lose
application – can result in jail sentence
•! EP patent application can be filed by anyone, but have to show
entitlement (authoritation/right) during the prosecution of the
application
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Note – for applications going through PCT route there is no requirement to show
entitlement during European phase
Correction of inventorship possible without loss of patent
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33. 6/10/09
USA What is patentable
Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent therefor, subject to the conditions
and requirements of this title. [35 U.S.C. 101]
A broad statement, but subject to much case law to determine what is covered.
EPO
European patents shall be granted for any inventions, in all fields of
technology, provided that they are new, involve an inventive step and are
susceptible of industrial application. [Article 52(1) EPC]
A broad statement but with many detailed exclusions:-
discoveries, scientific theories, mathematical methods, aesthetic creations,
schemes, rules and methods for performing mental acts, playing games or
doing business, and programs for computers, presentations of information,
AS SUCH [Article 52(2)-(3) EPC]
inventions the commercial exploitation of which would be contrary to "ordre
public" or morality; plant or animal varieties or essentially biological
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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. [Article 53 EPC]
The extent of the exclusions are being continually tested.
•! US Novelty
–! Detailed and complex provisions concerning novelty – seven different
criteria on which an invention is deemed lacking in novelty or lost [35
U.S.C. 102]
–! One year grace period for documents published before filing application
but after making invention
–! Earlier filed applications prior art for assessment of novelty if filed before
the invention by the applicant
–! “Swearing behind"
(an inventor, in certain circumstances, can get a US patent even
though the invention became public before the inventor filed an
original patent application)
•! EP
–! EP absolute novelty based on availability to the public [Article 54 EPC]
with severely restricted six month grace period for International
Exhibitions and disclosure which is an “evident abuse” [Article 55 EPC]
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–! The content of European patent applications as filed, the dates of filing of
which are prior to the priority date and which were published on or after
that date are prior art for assessment of novelty [Article 54(3) EPC]
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34. 6/10/09
Best Mode
US :
US patent law requires the inventor to include the best
way to practice the invention in the patent application
(35 US Code section 112). This way, the inventor
cannot get a patent and still keep some essential or
advantageous aspect a secret.
EP:
European patent law has no such requirement. At
least one way of practicing the invention must be
included in the application (Article 83 EPC), but there
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is nothing that states this way must be the best way, or
even a good way.
Inventive step v obviousness
•! USPTO – Full availability of earlier filed later published
applications as art [subject to “swearing behind”]
•! EP – No availability of earlier filed later published applications as
art for assessment of inventive step
•! USPTO obviousness
A test called “teaching, suggestion, or motivation” (TSM) test,was
applied to determine whether invention obvious or not. More
flexible application of the TSM test:
Overturned by Supreme Court in 2006 case [KSR v. Teleflex].
“A court must ask whether the improvement is more than the predictable use of
prior-art elements according to their established functions”.
•! EP Inventive step: Problem and solution approach applied
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SIGNS THAT RAISING OF US STANDARD LEADING TO RESULTS
CLOSER TO EP APPROACH, HOWEVER FORM OF ARGUMENT
LIKELY TO BE VERY DIFFERENT
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35. 6/10/09
Treatment of amendments
US
•! No amendment shall introduce new matter into the disclosure of
the invention. [35 U.S.C. 132]
EP
•! The European patent application or European patent may not be
amended in such a way that it contains subject-matter which
extends beyond the content of the application as filed. [Article
123(2) EPC]
Although looks the same – application very different - US permits
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reasonable interpretation of what the application discloses – EPO
look to near explicit disclosure
Claim structure
•! US high cost penalty for multiply dependent claims and problems
in application before courts
This leads to many independent claims being filed in the USA
•! EP high cost penalty for too many claims and ability of courts to
find claims partially valid
This leads to much use of multiple dependency which are better
dealt with in courts and easier to draft and examine
•! No common drafting style that is good for US and
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EPO (e.g JAPSON CLAIM or Omnibus claima)
For PCT applications, draft claims for Europe and make preliminary
amendment on entry into US regional phase
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36. 6/10/09
Unity of invention
•! US same invention
If two or more independent and distinct inventions are claimed in
one application, the Director may require the application to be
restricted to one of the inventions……[35 U.S.C. 121]
This leads to many continuations and divisional applications being
filed in the USA
•! EP same inventive concept
The European patent application shall relate to one invention only
or to a group of inventions so linked as to form a single general
inventive concept [Article 82 EPC].
This appears [and usually is] more generous than the US
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provisions.
•! However EP Rule 43(2) – one claim per category (product,
process…) of invention [with exceptions] is leading to more
divisionals being filed in Europe
Continuations and divisional
applications
•! USPTO – at present, freedom to divide as you see fit
subject to potential for “double patenting” objections
•! EPO – April 2010 restrictions in when divisionals can
be filed – more limited concept of double patenting
(New Rule 36 EPC and other rule changes)
•! USPTO – ability to better specification by improving
disclosure in a continuation [cip-continuation in part]
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•! EPO – unambiguously derivable test prevents adding
subject matter between a parent and a divisional
application
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37. 6/10/09
Information and inequitable
conduct
•! USPTO – full duty of disclosure
You lose your patent if you do not tell USPTO all that
you know that might be relevant to examination “DUTY
OF CANDOR”
Possibility of going to jail
•! EP theoretical availability of requirement to provide
information relating to prosecution elsewhere [Article
124 and Rule 141 EPC]
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Only penalty is if applicant fails to respond to request
[deemed withdrawal]
The Examination Experience
USPTO
•! High staff turnover ! low examiner experience ! seemingly
arbitrary outcomes
•! High incidence of serial prosecution [one objection raised and
dealt with, a fresh objection raised] ! high level of appeals
•! Low quality of granted patents and high cost of challenge
EPO
•! Highly skilled examiner body and low staff turnover !
experienced examiners ! professional examination most of the
time [even if you lose]
•! Low incidence of serial prosecution ! low level of appeals
•! HOWEVER appeal numbers in EPO are rising [still very much
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below appeal numbers in USPTO]
•! High quality of granted patents and low cost of challenge
[opposition]
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38. 6/10/09
“Peer-to-Patent opens the patent examination process to public
participation for the first time.Become part of this historic program.
Help the USPTO find the information relevant to assessing the claims of
pending patent applications. Become a community reviewer and
improve the quality of patents”.
OEPM
OEPM
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39. 6/10/09
What happens in the event of
mistakes?
USPTO
Relatively easy to remedy most procedural mistakes
and even some mistakes of substance [e.g. content of
specification]
EPO
Relatively difficult to remedy procedural mistakes –
mistakes of substance still difficult to remedy but some
easing of requirements followed EPC 2000 [entry into
force in December 2007]
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Litigation
US
•! No central litigation forum except ITC – otherwise district by
district but US-wide enforceability
•! Extremely high cost of litigation but extremely high market to
justify cost
•! Ability to amend post-grant through re-examination/reissue
process [high cost]
EP
•! No central litigation forum as yet – country-by-country litigation,
high variability in costs and outcome, severely limited ability to
enforce Europe-wide
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•! Lower costs of litigation for individual countries than in US but
smaller markets – litigation throughout Europe would probably
exceed cost of litigation in USA
•! Ability to amend post-grant through limitation process [low cost]
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40. 6/10/09
Conclusions
•! Major differences in practice between US and EPO
•! US procedure more “forgiving” than EP procedure
•! Not possible in most cases to write one patent that is
good for both USPTO and EPO
•! US unlike any other large jurisdiction, therefore treat as
an exception
•! EP model is being adopted by more and more
countries – drafting to EP standards likely to be good
for most countries
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•! High quality of EP patents seen as persuasive in many
jurisdictions
Example of a patent family
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55. 6/10/09
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REFERENCES
-!HOW TO DRAFT PATENTS-Oviligy Renault LLP
http://www.slideshare.net/webgoddesscathy/how-to-draft-a-patent
-!Patent Application Drafting mistakes-Paul N.Katz
http://www.ipo.org/
-!Guidelines on writing patent specification-Patent wire
http://patentwire.co.in/Guidelines.pdf
-!Determining the scope of a patent- Arnould Engelfriet
http://www.iusmentis.com/patents/claims/
-!Patent Drafting –Bangkok 25 September–7 October 2006.Karl Rackette
http://www.ecap-project.org/
-!Patent drafting workshop-Manila 10-14 October 2005.Karl Rackette
http://www.ecap-project.org/
-!Differences between US and European patents
http://www.iusmentis.com/patents/uspto-epodiff/
-!Comparison of EPO and USPTO practices. Author: Jim Boff. Phillips & Leigh, London 10th June
2009.
http://www.justice.gov.il/NR/rdonlyres/992486AA-0744-4B3B-9EA8-5FF410F3234D/15021/
USEPpractice.ppt
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-!New Rule 36 EPC and other rule changes.
http://www.jenkins.eu/articles/divisional-european-patent-applications---new-rule-36-epc.asp
-!Patent reform act.
http://www.winston.com/siteFiles/publications/Patent_Reform_Act.pdf
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