This document discusses different types of intellectual property, including copyrights, patents, and trademarks. It focuses on explaining patents, noting that a patent grants an inventor exclusive rights to an invention for a limited time period in exchange for publicly disclosing details of the invention. The document outlines what can be patented, different national and international patent pathways, and important considerations for patent filing like prior art searches, patent structure, claims, and costs.
2. Intellectual Property (IP)
Categories of IP
Mostly known are copyright, patents and trademarks
What is a property
◦ House, car, mobile phone, forest, mechanism, design, song,
book, knowledge, code, machine
Something OWNED by a person, a joint group of people or
a legal entity
Ownership gives the right of consume, alter, share,
redefine, rent, mortgage, sell, exchange, transfer or destroy
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3. Copyright
◦ You have the right to copy and to use it
◦ Commercially
◦ Private
◦ Most common infringements
◦ Songs and music
◦ Movies, TV shows
Trademark
◦ Sign, design or expression --> Product identification
◦ Device, brand, label, name, signature, smell, colour
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Intellectual Property (IP)
4. 4
Definition:
A patent is the granting of a property right by a sovereign
authority to an inventor. This grant provides the inventor
exclusive rights to the patented process, design, or invention
for a designated period in exchange for a comprehensive
disclosure of the invention.
What is a Patent?
5. Validity of a Patent
Protection of your invention or idea for a limited time
Utility patent (20 years)
◦ Technical document, machine, process, system
Design patent (15 years)
◦ Ornament, font, outlook, form factor
Plant patent (20 years)
◦ New Plan products, seeds
Under certain circumstances, patents can be extended
◦ Waiting time for drug approval
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Latin patere, "to lay open" (make available for
public inspection)
6. Patentable
Validity
◦ Maximum of 20 years
◦ Voluntary renouncing
What can be patened:
◦ A New function
◦ A New mechanism
◦ A New application
◦ Useful
◦ Non-obvious
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7. National Pathway European Pathway International Pathway
DPMA, USTPO, JPO… EPA WIPO (PCT)
DE, US, JP…
Patent
DE FR IT AT CN US JP
DE FR IT AT
Grant/Rejection
Grant
Validation
CNPO USTPO JPOEPA
Validation
Grant Grant GrantGrant
Submission
Patent Pathways
8. Patent search
You are not alone
◦ Competitor
◦ Inventors
Do your research
Patent structure
◦ Information
◦ Abstract
◦ Background of the invention
◦ Summary of the invention
◦ Figure Description
◦ Claims
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9. Patent search
You are not alone
◦ Competitor
◦ Inventors
Do your research
Patent structure
◦ Information
◦ Abstract
◦ Background of the invention
◦ Summary of the invention
◦ Figure Description
◦ Claims
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11. Claims
Defines the extend and the scope of protection
◦ Most important part
Two types of claims
◦ Independent claims
◦ Dependent claims
Claim 1: An earphone for use in the ear with
imbedded loudspeaker
Claim 2: An earphone according to claim 1, wherein
said loudspeaker includes a dram of circular shape
Claim 3: An earphone according to claim 1, wherein
said loudspeaker axis is inclined to said major axis of
the case at an angle ranging from 40 to 60 degrees
Claim 4: An earphone according to claim 4, wherein
said angle is approximately 50 degrees
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12. Patent Filing notes
Do not publish prior filing!
◦ Public content is not patentable
◦ Grace period in some countries
Provisional patent
◦ Gives 1 year postponement
◦ Time for research, POC, writing
Track your timeline and dates
◦ 1 year provisional patent
◦ 18 months prior art possible
Track your costs
◦ Yearly payment of annuity fees
◦ Expenses for lawyers and consultants
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