Patent and Intellectual Property

David Shiuan

Department of Life Science

Institute of Biotechnology

National Dong Hwa University

What is Intellectual Property ?

Intellectual property refers to creations of the mind – inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Two categories: [1] Industrial property- inventions (patents), trademarks, industrial designs

[2] Copyright- includes literary and artistic works

What is a Patent ?

A patent is an exclusive right granted for an

invention, which is a product or a process that

provides, in general, a new way of doing

something, or offers a new technical solution to a

problem.  In order to be patentable, the invention

must fulfill certain conditions

What Is a Patent ?

A property right to the inventor, issued by the US Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed

The right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.

Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

What kind of Protection does a Patent offer?

Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent

These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party

What Role do Patents Play in Everyday Life ?

Patented inventions have pervaded every aspect of human life, from electric lighting (Edison and Swan), plastic (Baekeland), to ballpoint pens (Biro) and microprocessors (Intel)

All patent owners are obliged, in return for patent protection, to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the world

Three types of patents

1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof

2. Design patents may be granted to anyone who

invents a new, original, and ornamental design for an article of manufacture

3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant

What Is a Trademark or Servicemark?

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

What Is a Copyright?

Copyright provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine

Copyrights are registered by the Copyright Office

What Rights does a Patent Owner have?

A patent owner has the right to decide who may - or may not - use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.

Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others

Why are Patents necessary ?

Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions

These incentives encourage innovation, which assures that the quality of human life is continuously

Essentials of a Patent

Novelty And Non-Obviousness – Even if the subject matter sought to be patented is not exactly shown by the prior art, and involves one or more differences over the most nearly similar thing already known, a patent may still be refused if the differences would be obvious

Usefulness - the subject matter has a useful purpose and also includes operativeness

Who grants Patents ?

A patent is granted by a national patent office or by a regional office that does the work for a number of countries, such as the European Patent Office

The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries.

What Can Be

Patented?

The patent law specifies that any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law.

A patent cannot be obtained on a mere idea or suggestion

The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon

How is a Patent Granted ?

The first step is the filing of a patent application.

The patent application contains: 1. Title of the invention 2. Background and a description of the invention usually accompanied by drawings, plans, or diagrams to better describe the invention. 3. Claims- information determines the extent of protection granted by the patent.

The Specification of Patent Application

(1) Title of the Invention

(2) Cross Reference to related applications (if any)

(3) Statement of federally sponsored research/development

(4) Reference to a ”Sequence Listing,” or a appendix on a compact disc

(5) Background of the Invention computer

(6) Brief Summary of the Invention

(7) Brief description of the several views of the drawing

(8) Detailed Description of the Invention

(9) A claim or claims

(10) Abstract of the disclosure

Can a patent be obtained worldwide?

At present, no world patents exist

In general, an application for a patent must be filed, and a patent shall be granted and enforced, in each country in which you seek patent protection

In some regions, a regional patent office, for example, the European Patent Office (EPO) grants patents, which have the same effect as applications filed, or patents granted, in the member States of that region.

Treaties and Foreign Patents

The rights granted by a U.S. patent extend only in the United States and have no effect in a foreign country

Paris Convention for the Protection of Industrial Property adhered to by 168 countries

The World Intellectual Property Organization (WIPO)

World Intellectual Property Organization

WIPO is a agency of the United Nations.Established 1967, headquarters Geneva

Goal - developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.

WIPO (World Intellectural Property Organization)

Trends in Patent Fillings

Trends in Patent Fillings

Shares in Countries in Total Patent Fillings

WIPO (World Intellectural Property Organization)

On June 1, 2008, WIPO will launch the seventh edition of the Master Program (LLM) in intellectual property, jointly offered by the WIPO Worldwide Academy and the University of Turin, in cooperation with the International Training Centre of the International Labour Organization (ITC / ILO) and with the financial support of the Government of Italy.

IPC (The International Patent Classification)

European Patent Office

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