This document discusses strategies for protecting cloud technology with intellectual property (IP). It begins by explaining that computer-implemented inventions involving cloud computing can be patentable if they have a technical character and meet patentability requirements. It then provides examples of patented cloud computing inventions and guidelines from the European Patent Office. The document also addresses issues of confidentiality for cloud-based research and prior art disclosures on the internet.
Quentin Tannock (Managing Director of CambridgeIP) presented at NanoMaterials Conference 2011 on the topic of 'Nanomaterials trends: Evidence from scientific literature'.
The presentation provides an overview, methodology, context and some conclusions of an recent nanomaterials IPLandscape conducted by CambridgeIP researchers.
Consumer Physics Inc. develops and distributes molecular sensors, marketing its product under the SCiO brand name. According to Consumer Physics, the SCiO spectrometer is the world’s first pocket size molecular sensor. The company had over 13,000 backers on Kickstarter and ended up raising over $2.7 million. Consumers can use SCiO to scan objects including fruit, vegetables, dairy food, meat, fish and medications. They can even scan their own bodies to measure total body fat. The SCiO app also includes a DIY applet that allows anyone to scan materials of their choosing and analyze the difference between their molecular identities. Consumer Physics has won numerous awards including an ‘Enabled by Optics’ award from OSA, The Optical Society, in 2016, the World Economic Forum Technology Pioneers Award 2015, the United Nations Netexplo Award 2015 and was a CES Innovation Honoree in 2016. SCiO has regularly appeared in top ‘products to watch’ lists on Forbes, CNN, and Fortune, and has been covered numerous times by the media on television, in print and online. But what technologies are behind Consumer Physics’ success and what are the main features claimed by its patents?
Quentin Tannock (Managing Director of CambridgeIP) presented at NanoMaterials Conference 2011 on the topic of 'Nanomaterials trends: Evidence from scientific literature'.
The presentation provides an overview, methodology, context and some conclusions of an recent nanomaterials IPLandscape conducted by CambridgeIP researchers.
Consumer Physics Inc. develops and distributes molecular sensors, marketing its product under the SCiO brand name. According to Consumer Physics, the SCiO spectrometer is the world’s first pocket size molecular sensor. The company had over 13,000 backers on Kickstarter and ended up raising over $2.7 million. Consumers can use SCiO to scan objects including fruit, vegetables, dairy food, meat, fish and medications. They can even scan their own bodies to measure total body fat. The SCiO app also includes a DIY applet that allows anyone to scan materials of their choosing and analyze the difference between their molecular identities. Consumer Physics has won numerous awards including an ‘Enabled by Optics’ award from OSA, The Optical Society, in 2016, the World Economic Forum Technology Pioneers Award 2015, the United Nations Netexplo Award 2015 and was a CES Innovation Honoree in 2016. SCiO has regularly appeared in top ‘products to watch’ lists on Forbes, CNN, and Fortune, and has been covered numerous times by the media on television, in print and online. But what technologies are behind Consumer Physics’ success and what are the main features claimed by its patents?
Seminario sobre Orientación a la Acreditación Nacional (ANECA) para el acceso a los Cuerpos Docentes Universitarios (PTU y CA).
Aplicación de los “Criterios de Evaluación” de la Actividad Investigadora y
aportación de los “Indicios de Calidad” de las publicaciones científicas
Patent: Presentation on Software Patents - BananaIPBananaIP Counsels
Patent: Presentation on Software Patents - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Partner Vlad Teplitskiy and Silvia Dondi of Bugnion S.p.A hosted a virtual discussion going over European Patent Office (EPO) legal framework and challenges for protecting artificial intelligence and machine learning inventions.
Thesis defence about “Analysis of the changing patent infringement risk situation in a digital transformation scenario” by Leonhard Brader at the MIPLM 2020
ICIC 2017: How to effectively monitor Technological Developments in IPDr. Haxel Consult
Jochen Spuck (Swiss Federal Institute of Intellectual Property, Switzerland)
Kornel Marko (Averbis, Germany)
Modern, cutting-edge developments are not reflected in current patent classification systems, which tend to catalogue established technologies. Identifying patent portfolios in such emerging fields proves a challenging job for patent and technology experts.
Going beyond the mere identification of new IP, additional value may be added using a regional geographic weighting combined with consolidated portfolio owner information.
Effective monitoring of the technological field is achieved by training active-learning search engines to hunt for highly relevant patent documents, thus keeping IP portfolios for emerging technologies up to date. The system we have developed permits extremely accurate updates with drastically reduced noise and with low workload which have proven to be invaluable in a world of drastically increasing data blur.
Embedded computing is everywhere. It is in our car engines, refrigerators, and even in the singing greeting cards we send. With improvements in wireless technology, these systems are starting to talk with each other, and they are appearing in places like our shoes and wrists to monitor our athletic activity or health. This emerging Internet of Everything (IoE) has tremendous potential to improve our lives. But like any powerful technology, it also has a dark side: it will observe and implement many of our actions. Security in the IoE is likely to be even more critical than general Internet security. After reviewing some of the challenges in creating a secure IoE, Horowitz will describe a new research program at Stanford to address this issue.
Software & Patenting: IP Outside Your Comfort ZoneBen Hoyle
A presentation given as a CIPA Webinar on 25 February 2014.
Provides an introduction to software as it relates to patenting and an overview of current practice in UK and Europe. Details of relevant legislation and case law are provided, together with some tips for drafting.
Provided according to the terms set out here: http://www.eip.com/legal.php - i.e. does not constitute legal advice and should be taken as guidance.
This is a presentation I gave to the instructors and classmates in the course--Advanced Patent Law in the University of Washington School of Law. The instructor was Professor Toshiko Takenaka. (Disclaimer: the contents may have out-dated or wrong materials, feel free to contact me if you have further questions.)
Legal framework for digital health innvoation - Protection through patents, d...DayOne
Presentation by Philipp Marchand and Birgitte Bieler, Vossius & Partner at the DayOne Expert Event Legal challenges and opportunities for digital health innovation
Philipp Marchand from Vossius & Partner and co-host of the event said: “Technological developments, especially in the digital space, brought up completely new issues which lack clear definition. So, as lawyers and regulatory advisers, we have to be innovative and also come up with new solutions. This is a learning curve we have to go through together with entrepreneurs, industry and regulatory bodies“.
In other words, instead of being a French garden à la Versaille, the legal landscape has become a rather rough terrain to navigate. The uncertainty can be seen as a threat and show killer. A more entrepreneurial attitude, however, would be to see it as an opportunity, if not an invitation, to pursue more of a greenfield approach. But in order to make this happen, it is essential to address the legal aspects early on and make them part of the solution.
Protection
Accustomaed as it is to a science and engineering-driven approach, the healthcare industry has to change its mindset when it comes to protecting its business. As it is reasonable to patent a digital solution and to protect medical devices as well as mobile app interfaces by means of design and trademark rights, the legal framework is becoming more important. So, developing a great technological solution and then having it beautified later on will not suffice. Those capabilities have to be built in from day one to ensure freedom to operate and to generate added value from the digital solutions.
Structuring Big Data results to create new information: Smart Data. These Smart Data can be used to advance knowledge and support decision-making processes.
A close cooperation between industry and science creates better conditions for cutting-edge research in Data Engineering/Smart Data.
Seminario sobre Orientación a la Acreditación Nacional (ANECA) para el acceso a los Cuerpos Docentes Universitarios (PTU y CA).
Aplicación de los “Criterios de Evaluación” de la Actividad Investigadora y
aportación de los “Indicios de Calidad” de las publicaciones científicas
Patent: Presentation on Software Patents - BananaIPBananaIP Counsels
Patent: Presentation on Software Patents - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Partner Vlad Teplitskiy and Silvia Dondi of Bugnion S.p.A hosted a virtual discussion going over European Patent Office (EPO) legal framework and challenges for protecting artificial intelligence and machine learning inventions.
Thesis defence about “Analysis of the changing patent infringement risk situation in a digital transformation scenario” by Leonhard Brader at the MIPLM 2020
ICIC 2017: How to effectively monitor Technological Developments in IPDr. Haxel Consult
Jochen Spuck (Swiss Federal Institute of Intellectual Property, Switzerland)
Kornel Marko (Averbis, Germany)
Modern, cutting-edge developments are not reflected in current patent classification systems, which tend to catalogue established technologies. Identifying patent portfolios in such emerging fields proves a challenging job for patent and technology experts.
Going beyond the mere identification of new IP, additional value may be added using a regional geographic weighting combined with consolidated portfolio owner information.
Effective monitoring of the technological field is achieved by training active-learning search engines to hunt for highly relevant patent documents, thus keeping IP portfolios for emerging technologies up to date. The system we have developed permits extremely accurate updates with drastically reduced noise and with low workload which have proven to be invaluable in a world of drastically increasing data blur.
Embedded computing is everywhere. It is in our car engines, refrigerators, and even in the singing greeting cards we send. With improvements in wireless technology, these systems are starting to talk with each other, and they are appearing in places like our shoes and wrists to monitor our athletic activity or health. This emerging Internet of Everything (IoE) has tremendous potential to improve our lives. But like any powerful technology, it also has a dark side: it will observe and implement many of our actions. Security in the IoE is likely to be even more critical than general Internet security. After reviewing some of the challenges in creating a secure IoE, Horowitz will describe a new research program at Stanford to address this issue.
Software & Patenting: IP Outside Your Comfort ZoneBen Hoyle
A presentation given as a CIPA Webinar on 25 February 2014.
Provides an introduction to software as it relates to patenting and an overview of current practice in UK and Europe. Details of relevant legislation and case law are provided, together with some tips for drafting.
Provided according to the terms set out here: http://www.eip.com/legal.php - i.e. does not constitute legal advice and should be taken as guidance.
This is a presentation I gave to the instructors and classmates in the course--Advanced Patent Law in the University of Washington School of Law. The instructor was Professor Toshiko Takenaka. (Disclaimer: the contents may have out-dated or wrong materials, feel free to contact me if you have further questions.)
Legal framework for digital health innvoation - Protection through patents, d...DayOne
Presentation by Philipp Marchand and Birgitte Bieler, Vossius & Partner at the DayOne Expert Event Legal challenges and opportunities for digital health innovation
Philipp Marchand from Vossius & Partner and co-host of the event said: “Technological developments, especially in the digital space, brought up completely new issues which lack clear definition. So, as lawyers and regulatory advisers, we have to be innovative and also come up with new solutions. This is a learning curve we have to go through together with entrepreneurs, industry and regulatory bodies“.
In other words, instead of being a French garden à la Versaille, the legal landscape has become a rather rough terrain to navigate. The uncertainty can be seen as a threat and show killer. A more entrepreneurial attitude, however, would be to see it as an opportunity, if not an invitation, to pursue more of a greenfield approach. But in order to make this happen, it is essential to address the legal aspects early on and make them part of the solution.
Protection
Accustomaed as it is to a science and engineering-driven approach, the healthcare industry has to change its mindset when it comes to protecting its business. As it is reasonable to patent a digital solution and to protect medical devices as well as mobile app interfaces by means of design and trademark rights, the legal framework is becoming more important. So, developing a great technological solution and then having it beautified later on will not suffice. Those capabilities have to be built in from day one to ensure freedom to operate and to generate added value from the digital solutions.
Structuring Big Data results to create new information: Smart Data. These Smart Data can be used to advance knowledge and support decision-making processes.
A close cooperation between industry and science creates better conditions for cutting-edge research in Data Engineering/Smart Data.
Creating a Step Change in Cyber Security | ISCF DSbD Business-led Demonstrato...KTN
John Goodacre, the Digital Security by Design (DSbD) Challenge Director at Innovate UK presents the background to the ISCF DSbD programme which aims to "Create a Step Change in Cyber Security".
Dynamic Simulation of Chemical Kinetics in MicrocontrollerIJERA Editor
Arduino boards are interesting computational tools due to low cost and power consumption, as well as I/O ports, both analogs and digitals. Yet, small memory and clock frequency with truncation errors may disrupt numerical processing. This study aimed to design and evaluate the performance of a dynamic simulation based on ODEs in the Arduino, with three evaluated microprocessors; ATMEGA 328P and 2560, both 8 bits, and SAM3X8E Atmel ARM CORTEX – 32 bits. The study case was a batch reactor dynamic simulation. The Runge-Kutta 4th order algorithm was written in C++ and compiled for EPROM utilization. The output was a 115000bit/s serial connection. Processing time was almost identical for 8 bits architectures, while 32 bits was 25% faster. Without the serial connection the 8 bits architectures were 16 times faster and the 32 bits was 42 times faster. Error truncation was similar, since the floating points are done through software. The Arduino platform, despite its modest hardware, allows simple chemical systems simulation.
VEDLIOT – Accelerated AIoT. Jens Hagemeyer. 2nd Workshop on Deep Learning for IoT (DL4IoT), co-located with HiPEAC 2023, Toulouse, France, January 2023
Fin fest 2014 - Internet of Things and APIsRobert Greiner
An overview of the core concepts behind the ultra-hyped Internet of Things. We start the presentation with an overview and slight re-classification of what the Internet of Things is. Then, we jump into how to *serve* the internet of things - discussing a homebrew project using the RaspberryPi and Microsoft Azure.
LEGAL PROTECTION OF INNOVATIVE USES OF COMPUTERS IN R & D.pptxTanvi Mhashakhetri
CONTENTS :
Introduction
Intellectual Property Rights
Patents
Patents on Algorithms
Patents on Human Interfaces
Patents on Machine-Machine Interfaces
Patents on Data Structures
Copyright
Protection of Databases
Trade Secrets
Enforcement of Rights
Conclusion
References
INTRODUCTION :
The days in which IP (intellectual property) strategists were separated into groups of pharmacologists (chemists or biologists) and other groups of computer scientists are slowly passing—in the same manner in which the technologies are increasingly overlapping in the scientific world.
Pharmacology patent lawyers had typically spent their training in the laboratory working with chemicals or using polymerase chain reaction (PCR) techniques; they understood how small molecular entities functioned and characterized sequences of RNA, DNA, and proteins.
Computer scientists, on the other hand, spent hours programming computers and later writing software and business method patents.
Just as understanding the application of computers in pharmacology presents a challenge for researchers in both fields, it also means that the IP specialists also need to combine strategies from both fields to obtain the best possible legal protection for innovation.
A few years ago a study carried out by the London-based consulting firm Silico Research reported that very few patent applications had been filed in bioinformatics.
The reasons cited in the study for the scarcity of patents included the fact that many current bioinformatics products merely combined existing data sources into a single product and the difficulty of proving infringement of software patents.
The United States Patent and Trademark Office (USPTO) recognized in 1999 that bioinformatics represented a special challenge and that same year created a special examination group—Art Unit 1631—to examine the increasing number of applications .
Since these studies were published, however, the growth in the number of bioinformatics patents seems to have stalled.
INTELLECTUAL PROPERTY RIGHTS
The term “ Intellectual property Rights” is used to describe the legal instrument for protecting innovation .
There are intellectual property issues associated with four elements of a software program:
Program function - whether the algorithm is performed by the hardware or the software,
External design - the conventions for communication between the program and the user or other programs,
User interfaces - the interactions between the program and the user,
Program code - the implementation of the function and external design of the program.
CONCLUSION
The use of computers in developing new pharmaceutical products is nowadays common place, and a number of tools and databases have been developed to improve their use. Although intellectual property rights have to date rarely been the subject of court cases.
Similar to IP strategies to protect your cloud technology-Florian Michalek, Bardehele Pagenberg (20)
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
IP strategies to protect your cloud technology-Florian Michalek, Bardehele Pagenberg
1. IP STRATEGIES TO PROTECT YOUR
CLOUD TECHNOLOGY
Dr. Florian Michalek
European Patent Attorney
June 19, 2014
2. 2
“Idea” Generation
Assessment of “Ideas”
Product Development
Product Testing
Product Marketing
Product Distribution
[ ]*
Product becomes public*
Innovation Process
BARDEHLE PAGENBERG
3. 3
Innovation Process
Elements necessary for converting the idea into reality, how are you
going to market it?
- product for sale
- process for producing the product
- small improvement on product
- name of the product
- package of the product
- “special ingredient”
BARDEHLE PAGENBERG
Patent
Patent
Trademark
Design
Secret
Know-how
Utility Model
4. 4
Inventor Public
Invention
Patent = Exclusive Right
Patents: Why?
BARDEHLE PAGENBERG
THE DEAL: 20 years protection for
disclosure of the invention
5. …to have an industrial and commercial advantage
Maximise return on investment in R&D
Increase market share
Further sources of income
Via
A marketable asset (convert ideas to reality: buy, sell, share, license)
Protect own technology developed inhouse
Strategic use: blocking competition or friendly licensing
Technology transfer instrument
5BARDEHLE PAGENBERG
Patents: Why?
6. 6
What is a patent?
-The description has to involve a “technical teaching” instructing the skilled
person how to solve a particular technical problem using particular technical
means. The technical teaching must be sufficiently disclose to allow
reproduction of the invention
Answer: A technical solution to a technical
problem
- the prior art defines the technical problem …
- the claim features (of the independent claims) define the
technical solution
BARDEHLE PAGENBERG
Patents: How?
7. 7
Patents: How?
Must be
– New
– Inventive
– Susceptible of industrial application
– Not expressly excluded from patent protection (for example
mathematical methods, or programs for computers as such)
BARDEHLE PAGENBERG
8. 8
Patents: For?
Patents may be obtained for any technology
- Pharmaceuticals
- Compositions
- Synthetic methods
- Polymers
- Medical devices
- …
- …
- Cloud technology?
BARDEHLE PAGENBERG
9. 9
Cloud Technology: What is it?
Definition:
“a model of network computing where a program or
application runs on a connected server or servers rather than
on a local computing device such as a PC, tablet or
smartphone” (source: wikipedia)
“A network of remote servers hosted on the Internet and used
to store, manage, and process data in place of local servers or
personal computers” (source: Oxford Dictionary)
BARDEHLE PAGENBERG
10. 10
Cloud Technology: What is it?
Cloud Technology involves
- Hardware/Infrastructure
- Computing Platform
- Software/Applications
- Results obtained by cloud computing
BARDEHLE PAGENBERG
Patentability?
Confidentiality?
11. 11
Patents: Exclusions
Art. 52 EPC:
(1) 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.
(2) The following in particular shall not be regarded as inventions within the
meaning of paragraph 1:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental acts, playing games or
doing business, and programs for computers;
(d) presentations of information.
(3) Paragraph 2 shall exclude the patentability of the subject-matter or
activities referred to therein only to the extent to which a European patent
application or European patent relates to such subject-matter or activities as
such.
BARDEHLE PAGENBERG
12. 12
Cloud Platform and Software
- Use of internet
- Use of software to process data, specific applications, data bases
- Performing mathematical methods
PATENTABILITY EXCLUSION?
BARDEHLE PAGENBERG
NO:
COMPUTER IMPLEMENTED INVENTION!
13. 13
Computer Implemented Inventions (CII)
General:
Software as such is excluded from patentability
An invention having technical character that is or may be
implemented by a computer program is not excluded from
patentability.
A computer implemented invention is one which involves the
use of a computer, computer network or other programmable
apparatus, where one or more features are realised wholly or
partly by means of a computer program
BARDEHLE PAGENBERG
14. 14
CII: Claims?
Protection possible for:
- Computer readable medium
- Computer system
- Computer program
- Computer program product, storing a computer program
- Methods (e.g. of operating an apparatus)
- Computer implemented methods
BARDEHLE PAGENBERG
16. 16
CII: Guidance?
BARDEHLE PAGENBERG
EPO EBA decision G 3/08
-The computer program has to show a further technical effect
going beyond those effects which inevitably occur when any
program is run, independent of the prior art (= need not be
new!)
-A claim in the area of computer programs can avoid exclusion
merely by explicitly mentioning the use of a computer or a
computer-readable storage medium
-All features of a claim are considered to determine whether
the claimed subject-matter has a technical character; then it is
determined which claimed features contribute to that technical
character (may include non-technical features!)
17. 17
CII
Computer implemented inventions involve
- Combination of technical and non-technical features
- Non-technical features may even be the dominating part
- Patentable if the overall result provided by the combination is
technical
- To be decided on a case by case basis
BARDEHLE PAGENBERG
-But: Once decided that a CII may be patentable, it still has to
pass examination with regard to novelty and inventive step!
18. 18
CII – Cloud Technology
Platform/Software:
Cloud Computing (Platform and Software solutions) may in
principle be patentable if at least one technical feature is
involved and the subject-matter has technical character
But more importantly:
Is it novel?
Is it inventive?
Are the technical and the non-technical parts sufficiently
described?
BARDEHLE PAGENBERG
19. 19
CII
Example: EP 2 394 222 B1
METHOD FOR TRANSMITTING VIRTUALIZED
DATA IN CLOUD COMPUTING ENVIRONMENT
BARDEHLE PAGENBERG
20. 20
Bioinformatics
-Methods and software tools for storing, retrieving, organising
and analysing biological data
-Combination of computer science, statistics, mathematics and
engineering to study biological data and processes
-Computing may be carried out in the cloud
BARDEHLE PAGENBERG
21. 21
Bioinformatics: T 0784/06
EPO TBA decision T 0784/06
Invention directed to an automatic genotype determination
Method of determining the genotype at a locus within genetic material obtained
from a biological sample, comprising the steps
A. Reacting the material at the locus to produce a first reaction value indicative
of the presence of a given allele at the locus
B. Forming a data set including the first reaction value
C. Establishing a distribution set of probability distributions, including at least
one distribution, associating hypothetical reaction values with corresponding
probabilities for each genotype of interest at the locus
D. Applying the first reaction value to each pertinent probability distribution to
determine a measure of the conditional probability of each genotype of interest
at the locus
E. Determining the genotype based on the data obtained from step D.
BARDEHLE PAGENBERG
22. 22
Bioinformatics: T 0784/06
Step A: technical
Steps B to E: mental activities based on the application of
mathematical methods
Hence, combination of technical and non-technical features
Decisive question:
The mental activities interact with the technical activity so as to yield a
tangible technical result?
Answer: No!
The application failed to supply a reasonably complete and sufficient
description of the software used for the data treatment
BARDEHLE PAGENBERG
23. 23
Bioinformatics: T 2050/07
EPO TBA decision T 2050/07
Invention directed to DNA mixture analysis
A method of analysing a DNA sample that contains genetic material from at
least two individuals to determine a probability distribution of genotype
likelihood or weight in the sample, comprising the steps:
A. Amplifying the DNA sample (…)
B. Detecting signal peak amounts (…) to produce DNA length and
concentration estimates from the sample
C. Resolving the estimates into one or more component genotypes (…) and
calculating a probability distribution (…)
D. determining, using the probability distribution of the data, a probability
distribution of genotype likelihood or weight in the DNA sample.
BARDEHLE PAGENBERG
24. 24
Bioinformatics: T 2050/07
Steps A and B: technical because they are performed using dedicated
laboratory equipment and devices
Distinguished from the prior art only by non-technical features.
Decisive Question:
Can the non-technical features make a technical contribution?
Answer: Yes!
The application showed how the distinguishing features should be
implemented and how they interact with the remaining steps in order
to provide a common technical result: a genotype estimate with an
improved confidence
BARDEHLE PAGENBERG
25. 25
Cloud Technology: Confidentiality?
Users are interested in the results of cloud computing (specific
molecules, etc.)
Can they be sure that their work remains confidential?
Cloud provider will offer secure environment, but is the
internet secure?
Who else is listening?
NSA, Wikileaks, Hackers, …..
BARDEHLE PAGENBERG
26. 26
Cloud Technology: Confidentiality?
First of all:
Take all necessary measures to secure your research
Ensure
-In-house confidentiality (secure intranet)
-Secure internet access
-Secure environment for external service providers
-Control all your disclosures (press releases,
brochures, publications, etc.)
BARDEHLE PAGENBERG
27. 27
Disclosures on the internet – T 1553/06
EPO TBA decision T 1553/06
-Test case by Koninklijke Philips Electronics and DSM IP
Assets
-Situation: Two documents could be found before the filing
date on the internet after entering certain strings of keywords
in a public search engine; no security measurements applied
-Were the documents publicly available?
BARDEHLE PAGENBERG
28. 28
Disclosures on the internet – T 1553/06
BARDEHLE PAGENBERG
Decision:
-That a document exists in internet goes not beyond a mere
theoretically accessability
-There must be a practical possibility of having access
-Requirements:
a)The document can be found with the help of a public search
engine by using one or more keywords which all related to the
essence of the content of that document
b)The document remained accessible for a period of time long
enough for a member of the public not bound to secrecy to
have direct and unambiguous access to the document
29. 29
Emails – T 0002/09
EPO TBA decision T 0002/09
-Another test case by Koninklijke Philips Electronics and DSM
IP Assets
-Situation: Unencrypted email sent before the filing date
disclosing the solution to a specific problem
-Since emails might be intercepted, was it publicly available?
BARDEHLE PAGENBERG
30. 30
Emails – T 0002/09
BARDEHLE PAGENBERG
Decision:
-Unlawful interception of an email is analogous to the breach
of a confidentiality agreement
-Lawful interception of an email by an internet service provider
is covered by law of confidence and prohibits their disclosure
-A specific instance of divulgation of the email has to be proven
31. 31
Cloud Technology: Summary
Cloud Technology is patentable if the claimed subject-matter
has technical character, is new, and inventive
Ensure that all aspects of the invention are sufficiently
disclosed and describe interactions between the technical and
non-technical features
Confidentiality has to be ensured from both the user and the
cloud service provider, but the user has ultimate responsibility
to make sure that his research remains confidential
Data exchange between user and cloud service provider should
be covered by the law of confidentiality
BARDEHLE PAGENBERG
32. 32
- As quick as possible (secure first filing date)
- As late as necessary (obtain enough details from a real working prototype to
ensure complete technical teaching)
- Sign non-disclosure agreement with third parties (clients, service
providers) at least for limited period to maintain confidentiality
Notes
BARDEHLE PAGENBERG
- If you suspect a confidentiality breach be fast to file a patent application
within six months after such a confidentiality breach
33. 33
“Idea” Generation
Assessment of “Ideas”
Product Development
Product Testing
Product Marketing
Product Distribution
[ ]*
Product becomes public
GET YOUR IP EXPERT INVOLVED AS SOON AS POSSIBLE
*
Innovation Process
BARDEHLE PAGENBERG