Intellectual propertyfor the sane

Know your speaker

Name: Alberto MassiddaDegree: MSc EngineeringCompany: Translated srlJob: senior software engineerHobby: technology evangelist

Goal

Provide a minimal set of concepts about intellectual property:● basic terminology● laws of interests● basic mechanisms● using IP as an instrument

● Ownership○ Sole control of an asset (the Intellectual Property)

● Licence○ The right to use an asset

● Exclusive license○ Licensing limited to a single third party only

● Non-Exclusive license○ Licensing available to any third party

Jargon

Intellectual Property in EU

Main framework: European Patent Conventionhttp://en.wikipedia.org/wiki/European_Patent_Convention

European patent:▪ any patent granted under the EPC▪ subject to central revocation and prosecution▪ as effective as national patents

What is a patent?

A patent is a set of exclusive rights granted by the State to an inventor for a period of time in exchange for detailed public disclosure of an invention.

An invention is a product or a process that solves a specific technological problem.

Patents are a form of intellectual property.http://en.wikipedia.org/wiki/Patent

Structure of a patent

● Title of the invention● Abstract● Description● Claims

○ The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description.

● Drawings

Example: http://worldwide.espacenet.com/maximizedOriginalDocument?ND=4&flavour=maximizedPlainPage&locale=en_EP&FT=D&date=19900919&CC=EP&NR=0388156A2&KC=A2

What is patentable?

Art. 52 EPC

1. European patents shall be granted for ● any inventions ● in all fields of technology ● provided that they are new ● involve an inventive step● are susceptible of industrial application

What is not patentable?

Art. 52 EPC

2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1:

a. discoveries, scientific theories and mathematical methods

b. aesthetic creations

c. schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers

d. presentations of information

What is not patentable?

Art. 53 EPCEuropean patents shall not be granted in respect of:

● inventions the commercial exploitation of which would be contrary to "ordre public" or morality;

● plant or animal varieties or essentially biological processes for the production of plants or animals;

○ this provision shall not apply to microbiological processes or the products thereof;

● methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body;

○ this provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

Other forms of IP protection

● Utility Model○ Similar to patent, but cheaper, with more relaxed

requisites, shorter term protection● Trade Secret

○ Information, usually protected by NDA● Copyright

○ Protects creative/artistic works against copying ● Trademark

○ Distinctive signs identifying brands of products/services

Why should someone care?

Before starting a R&D-project, an effective study of the state of the art is useful and advisable.

The patent system is the most prolific and up-to-date source of information on applied technology.

Why should someone care?

Good reasons to search patent literature:● Avoid duplication of R&D efforts and spending● Find solutions to technical problems● Gather business intelligence

Patent applicants need to demonstrate the innovative character of the project they propose.

Why should someone care?

There is a strong push in EC’s Framework Programmes for participants to protect any results which are “capable of industrial or commercial application”.

“If valuable foreground is left unprotected, the Commission may take ownership.”

“Intellectual Property protection is not mandatory in all cases: there are also situations where putting foreground in the public domain constitute appropriate alternatives.”

Guide to Intellectual Property Rules for FP7 projects

Enters Espacenet

Search a database of 70M+ patents, among European, Asian and American.No charge. Downloadable material.http://worldwide.espacenet.com/

All the patents Google could crawl from WIPO, USPTO, EPOhttps://google.com/patents

How to patent

IP in universities

IP in universities

Universityis

king.Let’s see some examples:

Harvard

● Covered persons are required to notify the University’s Office of Technology Development (“OTD”) of each Supported Invention.

● Harvard shall have the right to own and each Inventor, at Harvard’s request, shall assign to Harvard all of his/her right, title and interest in a Supported Invention.

● Inventor(s) [..] shall cooperate [..] in the patenting process in all ways required by the University.

Harvard University Intellectual Property Policy, Section I, A

Oxford

1. The University claims ownership of all intellectual property [..] which is created [..] by:a. persons employed by the University [..];b. by student members [..];c. by other persons engaged in study or research in the University [..];d. by persons engaged by the University under contracts for services [..].

2. The intellectual property of which ownership is claimed [..] comprises:a. works generated by equipment owned or operated by the Universityb. works created with the aid of university facilitiesc. patentable and non-patentable inventionsd. registered and unregistered designs, plant varieties, and topographiese. university-commissioned worksf. [..] material [..] considered to possess commercial potential

g. know-how and information associated with the aboveOxford University, Statute XVI, part B

Symbiosis and ecosystem

IP assets are the main source of funding.Funding attracts researchers.Research is the main source of academic assets.

University is happy to foster research programs.

ExamplePageRank, Google and Stanford.

Growing research with IP

Technology commercialization is the main source of funding:● Licensing

○ Google & Stanford● Spin-off

○ FileRock & Roma3

Thanks for watching