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W W W W W HOW Why, When, Who, Where, What, How Read a Patent

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Tecnologie digitali e diritto nell'era della Rete. 12 - 13 Luglio 2004 ... Patents are granted to inventions which are Novel, Inventive (non obvious) ... – PowerPoint PPT presentation

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Title: W W W W W HOW Why, When, Who, Where, What, How Read a Patent


1
W W W W W HOW (Why, When, Who, Where, What,
How)Read a Patent!
BONUS MATERIAL
  • Domenico Golzio
  • European Patent Office
  • dgolzio_at_epo.org
  • Cyberlaw Torino
  • Tecnologie digitali e diritto nellera della Rete
  • 12 - 13 Luglio 2004
  • Fondazione Giovanni Agnelli - Torino

2
What is a Patent?
  • A contract between an inventor and a state
  • Inventor
  • Protection for about 20 years
  • Exclusive rights to produce, use, sell and import
    the invention
  • to recoup investment in RD
  • to strengthen market position and competitiveness
  • State
  • Publication of the invention
  • to spread new technical knowledge
  • to avoid RD duplication
  • to foster innovation

Patents are granted to inventions which are
Novel, Inventive (non obvious), suitable for
Industrial Application when considered against
the Prior Art Art 52 EPC
3
The Actors of the Patent Procedure
Inventor/Applicant
Representative
Patent Office
publishes
Unexamined Patent Applications (A) Contract
Proposal
Granted Patents (B) Final Contract
4
Meaning of invention
  • An invention means an idea of an inventor which
    permits in practice the solution to a specific
    problem in the field of technology
  • An invention may be or may relate to a product or
    process
  • from Malaysian Patent Act

5
Why Read a Patent (I)
  • Patents are a unique source of technical
    information
  • 80 of the technical information contained in the
    patent documentations is not published elsewhere
  • Technical Patent 80
  • Publications 20 Publications
  • Patents anticipate technical literature
  • Invention patent elsewhere delay years
  • Punched cards 1889 1914 25
  • Television 1923 1928 5
  • Jet engine 1936 1946 10
  • Cast iron 1939 1947 8

6
Why Read a Patent (II)
  • Patents define Innovation Strategy and help you
  • to recognise the lack of advancement in a
    technology and address improvements
  • to avoid duplication of RD at industries and
    universities
  • to advance technology from current state
  • to promote creativity and innovation
  • to avoid waste of Human Resources

7
Why Read a Patent (III)
  • Patents define Market Strategy and help you
  • to retain your market position
  • to increase your market share
  • to introduce new products and processes
  • to locate new business partners
  • to avoid waste of Human and Financial Resources
  • to provide recognition and motivation for
    employees
  • to bring together inventors and investors
  • to develop a prognosis of innovative strength and
    technological trends, global and regional
  • to recover your R D investments and to
    safeguard the results
  • Read patents to avoid legal problems

8
When to Read a Patent
CONCEPT
DESIGN
DEVELOPMENT
PROTOTYPE
9
Who should Read a Patent
  • Everybody ...
  • Students
  • Professors
  • Researchers
  • Engineers
  • Scientists
  • Professionals
  • Managers
  • Economists

10
Where to Read a Patent ?
  • Patent Offices
  • Patent Libraries (PatLibs)
  • Patent Information Points (PIPs)
  • On-line Commercial Databases
  • CD-ROMs (MIMOSA)
  • Internet
  • esp_at_cenet

11
What to Read in a Patent ?
  • Function of a Patent Application/Granted Patent
  • Proposal for the contract/finalised contract
  • Disclosure of the invention in a manner
    sufficiently clear and complete in order to allow
    a person knowing everything publicly disclosed at
    the time of the invention to reproduce or carry
    out the invention without any additional creative
    activity. Art 83 EPC
  • First page
  • Description
  • Claim(s)
  • Drawing(s)
  • Search Report
  • Requirements for a Patent Application Art 78 EPC

12
First Page
  • Bibliographic Data
  • Abstract
  • Figure(s)
  • INID codes (Internationally agreed Numbers for
    the Identification Data)
  • Patent publication serial number (11)
  • Issuing Patent Office (19)
  • Application number (21)
  • Date of filing (22)
  • Priority (30)
  • Date of publication (43, 45)
  • Int. Cl. (51)
  • References cited (56)
  • Title of Patent (54)
  • Abstract (57)
  • Inventor, Applicant, Representative, Assignee
    (71-75)

13
Description
  • Rule 27 EPC
  • Introduction
  • Technical Field
  • State of the Art
  • Problem to be solved
  • Proposed Solution
  • Listing of drawings
  • Detailed description
  • Preferred embodiments

14
Claims Function
  • Protection conferred by the claims
  • Art 69(1) EPC (description/drawings serving
    for interpretation purposes only!!!)
  • Define the matter for which protection is sought
  • - clear, concise, supported by the
    description Art 84 EPC
  • - in term of technical features
  • Art 52 EPC Rule 29(1) EPC
  • Seek a Balance
  • Differentiate the invention from the prior art.
  • Obtain the most extensive protection possible.

15
Claims Form and Contents
  • Technical features Art 52 EPC Rule 29(1) EPC
  • Two part form Rule 29(1) a-b EPC
  • Independent/Dependent Claims
  • Rule 29(2-4) EPC
  • Claim Categories Rule 29(2) EPC
  • Claim tree

16
Claims Form and Contents
  • Technical features
  • Claims must be drafted in terms of the
    "technical features of the invention".
  • - Features expressed in terms of a structural
    limitation
  • - Functional limitations accepted if known how
    to perform that function.
  • - Claims should not contain any statements
    relating to commercial advantages or other
    non-technical matters.
  • - Statements of purpose should be avoided
    unless they assist in defining the invention.
  • - Claims to the use of the invention in the
    sense of the technical application of the
    invention are allowable.
  • Rule 34 EPC

17
Claims Form and Contents
  • Two-part form
  • 1. Preamble
  • technical features designating the subject-matter
    of the invention
  • technical features know from the prior art
  • 2. Characterising portion
  • technical features which define the invention
  • IMPORTANT!!
  • Protection defined by the combination of the
    features in 1) and 2)

18
Claims Form and Contents
  • Independent Claim
  • defines the essential features of the invention
    (i.e. those features which solve the problem).
  • Single sentence which defines the invention in
    the most general sense.
  • Dependent claim
  • includes all the features of another claim(s) to
    which it refers back and defines particular
    embodiments.
  • Claim which defines more detailed implementation
    of the invention of that defined in the claim it
    refers back to be possibly used during the
    procedure and during the life of the patent.

19
Claims Form and Contents
  • Claim Categories
  • Claims defining a physical entity
  • Product
  • Device
  • Apparatus
  • System
  • ...
  • Claims directed to an activity
  • Process
  • Method
  • Use
  • ...

20
Example of an invention
  • Problem longer antenna of a telephone allows
    for better RX/TX signals but make the
    telephone bulkier
  • Solution the antenna is extensible and when the
    telephone is not in use the antenna can be
    retracted into the telephone casing reducing
    the size of the telephone

21
Set of Claims
  • A mobile telephone handset comprising a casing
    characterised in that it comprises an extractable
    antenna.
  • A mobile telephone handset according to claim 1
    wherein the antenna is made of a single element.
  • A mobile telephone handset according to claim 2
    wherein the antenna is mounted on the right side
    of the casing.
  • A mobile telephone handset according to claim 2
    wherein the antenna is mounted on the left side
    of the casing.
  • A mobile telephone handset according to claim 1
    wherein the antenna has a circular cross section.

22
Set of Claims Expanded
  • A mobile telephone handset comprising a casing
    characterised in that it comprises an extensible
    antenna.
  • A mobile telephone handset comprising a casing
    and an extensible antenna, wherein the antenna is
    made of a single element.
  • A mobile telephone handset comprising a casing
    and an extensible antenna, the antenna being made
    of a single element, wherein the antenna is
    mounted on the right side of the casing.
  • A mobile telephone handset comprising a casing
    and an extensible antenna, the antenna being made
    of a single element, wherein the antenna is
    mounted on the left side of the casing.
  • A mobile telephone handset comprising a casing
    and an extensible antenna, wherein the antenna
    has a circular cross section.

23
Claims Form and Contents
  • Claim tree

Claim 1
Claim 5
Claim 2
Claim 3
Claim 4
24
How to Read a Patent
  • Patentese/Legalese
  • - words or technical terms are a generalization
    of the original elements
  • - "consisting of", "comprising", "plurality",
    "means of", "substantially", ..., have a
    special meaning in the patent language
  • Don't be creative in reading you may wrongly
    attribute merits to the invention.
  • Put patent in the right time-perspective with
    respect to the state of the art at a certain
    date.
  • No emotional approach/Humility

25
  • Thank you !!!!
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