Lecture 2 - IP in detail Patents-others - VDIS10025 Intellectual Property and Design
ā¢
0 likesā¢706 views
A Virtu Design Institute lecture on Intellectual Property (IP), Patents and other IP in Australia
Recommended
More Related Content
What's hot
What's hot (20)
Similar to Lecture 2 - IP in detail Patents-others - VDIS10025 Intellectual Property and Design
Similar to Lecture 2 - IP in detail Patents-others - VDIS10025 Intellectual Property and Design (20)
More from Virtu Institute
More from Virtu Institute (20)
Recently uploaded
Recently uploaded (20)
Lecture 2 - IP in detail Patents-others - VDIS10025 Intellectual Property and Design
- 1. PATENTS! Intellectual Property in Detail! ! ! VDIS10025 Intellectual Property and Design !
- 2. All of the latest Australian and International Intellectual Property information and application processes can be found on the IP Australia online portal at www.ipaustralia.gov.au ! ! PATENTS - A Patent is a monopoly granted by a Government for a limited period in return for the development and disclosure by an inventor of a new invention. The patent takes the form of an exclusive right to prevent other persons using the invention. ! ! Australian patents can prevent the manufacture of a patented article in Australia, the sale of that article within Australia, the export of that article from Australia, and the importation of that article into Australia following its manufacture abroad.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 3. An invention must be new (novel) at the time of lodging the application for a patent registration. For example, products which have already been sold and methods which have been used commercially in Australia, before the date of application for the patent (known as āpublishedā), cannot be validly protected by a patent.! ! Virtually any new technical advance can be patented and it is not necessary that the advance be a major breakthrough; quite a small improvement or variation which is an invention will sufļ¬ce. ! ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 4. Any product eg: manufactured goods, electric circuits, chemical compounds, assays, microorganisms and plants which can be sold can be patented if new and inventive. Similarly, processes of manufacturing and new methods of using them, can all be patented. Genetically altered lifeforms can also be patented. ! ! The main areas of difļ¬culty are business schemes, plans, computer programs, software and related Information Technology advances. Generally speaking the industrial applications of computers and algorithms are patentable in Australia but the program listings and the algorithms themselves are not. ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 5. Since the law determining, what can be patented is also based upon a historical sequence of court decisions, (common law) what can be successfully patented has changed over the years and varies from country to country, eg. algorithms may be patentable in the United States but not in Australia. It is certainly worth discussing any advance or inventions with patent attorneys as at least some aspect or aspects of an invention may well be patentable, if not in Australia, then possibly elsewhere. ! ! It is also worthy of noting that IP laws are changing constantly so regular updates of what can be patented is good practice.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 6. AUSTRALIAN PATENT APPLICATION PROCEDURE! ! The usual ļ¬rst step is the lodgement of an application accompanied by a provisional speciļ¬cation to ipaustralia.gov.au The provisional speciļ¬cation describes the invention and its date of lodgement determines the "priority date" on which date the invention must be new. Within 12 months of lodging the provisional speciļ¬cation a complete speciļ¬cation must be lodged at the Patent Ofļ¬ce if the application is to be continued. ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 7. Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 8. Where an invention is in development when a provisional speciļ¬cation is lodged, further provisional speciļ¬cations can be lodged in the 12 month period and all combined in a single complete speciļ¬cation. ! ! The complete speciļ¬cation concludes with a series of numbered paragraphs termed claims, which deļ¬ne the monopoly in words. The claims include not only the particular arrangement described in detail in the speciļ¬cation, but also variations of that arrangement which deļ¬ne the inventive concept. ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 9. It is necessary to request examination, and the Patent Ofļ¬ce then has an examiner conduct a search to determine whether the invention was known before the priority date. The examiner, in a report, may well refer to earlier published patent speciļ¬cations which fall within the claims. ! ! It is then necessary to amend the claims so as to remove that part which was previously known to arrive at the largest possible scope of protection to which the applicant is entitled. The application is then accepted. ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 10. There is an opposition procedure which is used for only a small percentage of cases, but enables third parties to bring to the attention of the Patent Ofļ¬ce publications which were known in Australia or elsewhere before the priority date. ! ! Once the patent has been granted, infringement is determined by considering whether the product or method of the competitor falls within the claims of the patent. The onus is on the patentee to commence infringement proceedings in court in appropriate circumstances. ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 11. In order to keep the application pending, and the eventual granted patent in force, it is necessary to pay an annual fee, termed an annuity, to the Patent Ofļ¬ce on the anniversary of the lodgement of the complete speciļ¬cation, every year other than the ļ¬rst and second anniversaries. ! ! Patent terms in Australia are 8 years for an Innovation Patent, 20 years for a normal patent and 25 years for pharmaceuticals, all from the date on which the complete speciļ¬cation was lodged.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 12. OBTAINING FOREIGN PATENTS! ! Most countries in the world have a patent system. Most countries, like Australia, are members of International Conventions. A single international application can be ļ¬led under the PATENT CO- OPERATION TREATY (PCT). The PCT is administered by the World Intellectual Property Organisation (WIPO). Foreign applications are entitled to the priority of the Australian ļ¬ling date. ! ! Usually a provisional speciļ¬cation has been lodged in Australia and when the complete speciļ¬cation is lodged in Australia, the complete speciļ¬cation is also lodged at the same time at the foreign patent ofļ¬ce of each country or region where protection is desired. ! ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 13. ! Each foreign application is separately examined by the appropriate foreign patent ofļ¬ce. Usually an examiner's report from each country must be considered and the objections overcome before the individual foreign patents can be granted.! ! Some South East Asian countries, such as Thailand, are favourably inļ¬uenced by the grant of a corresponding Australian patent. Most countries require the payment of annuities to maintain granted patents in force.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 14. PATENT CO-OPERATION TREATY (PCT)! ! Australia is a member country of the PCT. This treaty permits an international application to be lodged with the Australian Patent Ofļ¬ce designating Australia (if desired) and also those foreign countries which are members of the PCT and in which patent applications are ultimately intended to be ļ¬led. Usually the international application is ļ¬led within 12 months of lodging a provisional speciļ¬cation. ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 15. The use of the PCT permits the fees for each of the designated countries to be delayed by up to 8 months from the 12-month deadline under the Paris Convention. ! ! Use of the PCT procedure also means that the results of an international search to determine the newness of invention are available before the deadline for paying the fees in the designated countries. Most industrialised countries are members of the PCT. ! ! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 16. EUROPEAN PATENT OFFICE! ! As a result of the European Patent Convention it is possible to lodge a single European parent application in order to obtain protection in any, or all, of the European countries. Because the European patent application can be lodged with an English language speciļ¬cation, the cost of preparing translations, can be deferred until the European application has been accepted. After grant, in order to maintain protection in each country, it is necessary to pay annuities in each European country.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 17. INNOVATION PATENT AND PETTY PATENTS! ! Petty Patents were short-term Australian patents which were available for a special range of inventions that are subject to the less rigorous conditions regarding inventive level than standard patents. The main advantage of a petty patent was that of quick protection.! ! The term āPetty Patentā is no longer used anywhere in the world, its use in Australia having been superseded by the term āInnovation Patentā in 2001.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 18. Recently, however, the term Innovation Patent has acquired a secondary meaning, namely any type of protection that is provided for inventions that do not qualify for full patent protection. Other terms such as utility innovations, utility solutions and short term patents are used in some countries.! ! The new Innovation Patent is intended to be more useful for small enterprises in that the standard of inventiveness required is lower than that required for ordinary patents. What is required is an innovation that makes a āsubstantial contribution to the artā ā and there is no need for it to be non-obvious.! Patents Intellectual Property in Detail VDIS10025 Intellectual Property and Design
- 19. PATENTS ā Intellectual Property in Detail!