Understand what intellectual property is about

Understand what intellectual property is about

• Understand what intellectual property is about

• Balance the pros and cons of applying for a patent

• Understand what a patent is
• Know how to obtain a patent and how much it costs
• Understand how patents can be used
• Be aware of the alternatives to patenting

• Use patent information to gain valuable knowledge

Essential business asset in the knowledge economy

• Essential business asset in the knowledge economy

• Swedish steel-maker Sandvik: 20% of its value is from IP!

• Increases funding for innovative projects

• Without IP many innovative projects would not be profitable because anyone who wanted could simply copy the results

• Protects small innovative firms

• Dolby® Laboratories
• W. L. Gore & Associates (Gore-Tex®)

• Needed to release IP into the public domain under

• controlled conditions:

• Linux (GPL): improvements must be free too!

Senate of Venice, 1474:

• Senate of Venice, 1474:

Prevent others from making, using, offering for sale, selling or importing infringing products in the country where the patent was granted

• Prevent others from making, using, offering for sale, selling or importing infringing products in the country where the patent was granted

• Sell these rights or conclude licensing contracts

• For up to 20 years from the date of filing of the patent application

Bibliographic information

• Bibliographic information

• Inventor, proprietor, date of filing, technology class, etc.

• Abstract

• Around 150 words as a search aid for other patent applications

• Description

• Summary of prior art (i.e. the technology known to exist)
• The problem that the invention is supposed to solve
• An explanation and at least one way of carrying out the invention

• Claims

• Define the extent of patent protection

• Drawings

• Illustrate the claims and description

Prior art

• Prior art

• Teapot with one spout

• Drawback of prior art

• Time-consuming

• Problem to solve

• Reduce filling time

• Solution

• Provide a second spout

• Advantage of the invention

• The time needed to fill multiple
• cups is reduced

Inventions that are…

• Inventions that are…

• new to the world (no previous public notice)
• inventive (i.e. not an "obvious" solution)
• susceptible of industrial application

National patent offices

• National patent offices

• National patent valid only in the country where it is granted
• Non-residents can also apply for a patent
• One year of "priority" for subsequent applications

• European Patent Office

• A European patent is equivalent to national patents in the countries where it is granted (the applicant chooses the countries)

• Via the Patent Cooperation Treaty

• Just one application for up to 141 countries
• After the initial application phase, the international application leads to multiple national patent examination procedures
• Decisions with cost implications can be delayed until 30-31 months after filing (e.g. choice of countries to file in)

• There is no such thing as an international patent!

Protecting products and processes

• Protecting products and processes

• Increasing turnover and profits
• Attracting investors

• Licensing

• Cross-licensing

• Blocking competitors

• Building reputation

• …

• Not used

Patent strategy

• Patent strategy

• Offensive/defensive
• Internationalisation
• Kind of exploitation: licensing or own use

• Patent information

• Keep abreast of technology
• Avoid infringing patents
• Understand the competitive landscape

• Communication

• Compile convincing evidence that your patents are valuable
• Inform investors and banks, clients and prospective employees

• Maintenance

• Pay renewal fees, observe deadlines
• Strengthen important patents and get rid of ones with no value

Beware of "naïve" keyword searches such as ...

• Beware of "naïve" keyword searches such as ...