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Workshop on ip patents, trademarks Programme Use of ip in Business
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tarix | 01.09.2018 | ölçüsü | 8,43 Mb. | | #66416 |
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Programme Use of IP in Business Patent Utility models Design Copyright Trademark Innovation process
What does IP mean?
Use of IP in Business
IP in Summary
What is a Patent? You can say it is: An agreement between the inventor and society Alternative definition (legal): A patent is an exclusive right to commercially exploit the invention in this country. Protection up to 20 years
Exclusive rights Forbid others commercially to: The exclusive right does not extend to: - acts performed for non-commercial purposes
- acts performed for experimental purposes
- Individual production of a medicinal product at a pharmacy
What is patentable? Patents are granted for inventions which are technical, that is inventions which are capable of being industrially exploitable
What can be patented? A Product The apparatus for producing the product The process The use
What cannot be patented? Medical and surgical treatments Mathematical methods Business methods Discoveries Aesthetic creations New species of plant or animal Inventions which are contrary to moral standards and public order (e.g. instruments of torture) The human body and any non-separate part/s thereof
Contrary to moral standards?
What is an invention? A technical teaching which defines a relation between technical features and technical effect Has to be reproducible
Inventions are often concerned with every-day problems or “trends”
Inventors are ahead of their time!
The patentable invention must be: New / Novelty Significantly different from that which is already known
Industrial application The invention must have at least one practical purpose and must be reproducible There is no evaluation of quality or economical factors! Only the technical qualities are relevant
Novelty Novelty: An objective, global demand New in relation to that which is known prior to the date of filing the application Known = general availability through the written word, spoken word (lectures, etc.), usage, etc.
The Inventive Step To differ significantly = Inventive step Subjective evaluation
Invention:
Documents found:
Invention:
Documents found:
Prior art – the known technical solution:
Invention:
Utility Model The ”Patent-system” for smaller inventions Conditions: - Solve a technical problem
- New
- Inventive step
Often used for inventions concerning: - Household goods
- Hand tools
- Furniture
Utility Models - example
Utility Models - example
Utility Models Registration – no search in DK The integration between the patent and the utility model systems
Utility Model – level of difference 1
Utility Model – level of difference 1
Utility Model – level of difference 2
Utility Model – level of difference 2
Why a Utility Model? Protects minor inventions excluded from patent protection Protects inventions where a shorter protection period is required Speedy protection Easy Cheap
Practicalities Aby uzyskać patent na wynalazek lub prawo ochronne na wzór użytkowy należy złożyć zgłoszenie, które powinno obejmować: podanie zawierające oznaczenie zgłaszającego, określenie przedmiotu zgłoszenia oraz wniosek o udzielenie patentu lub prawa ochronnego opis wynalazku/wzoru ujawniający jego istotę, zastrzeżenie lub zastrzeżenia skrót opisu rysunki, wzory chemiczne itp. Wnieść opłatę (500 zł)
International patent systems Basic principle: The systems: Patent Cooperation Treaty (PCT) European Patent Convention (EPC) Other regional systems (OAPI, ARIPO, EURASIAN)
European Patent (EPC) Single place of completion Single place of granting More economical than group of countries
Patent Cooperation Treaty (PCT) Single place of filing International novelty and patentability search Finial decision for countries Main advantage: Postponement for 31 months
International Fees EPC-fees Filing fee € 95 (paper - € 170) Novelty international search fee € 1,615 Designation fees for each state stipulated in the application € 80 Examination fee € 1,335 / 1,490 Upon validation in the individual countries, filing fees and annual fees become payable to each country. In addition there are application fees and translation costs
Patents
Consequences of infriging If you infringe someone else’s patent, you may risk: Injunction, which means that all your products may be removed from the market Destruction of your products Being given a fine, e.g. the Kodak vs. Polaroid case Being sentenced to imprisonment (in gross cases)
Why patent? To provide insurance for one’s invention and investments in developing technology prevent others from patenting the invention and secure one’s place in the market attract investors for further development, and to hold on to current investors sell the patent rights in the future as a single commodity or business marketing value
Thank you for your attention!
How to use patent databases Presentation of Espacenet Presentation of Polish Database Exercises
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