IPR Flashcards
(103 cards)
An invention is:
A technical solution to a technical problem.
Novel combination of ideas, often based on discovery, but cannot be a discovery.
What makes an invention patentable?
1) Novelty - It must be new
2) Inventive step - The invention must not be obvious for a person skilled in the art. “Non-obvious” in US patent language,
3) Industrial application
4) Proper enablement/sufficient disclosure - Such as a person skilled in the art can reproduce the invention without problem solving
5) It must not be excluded from patenting
Who is the inventor?
The one who got the idea (you can have multiple inventors, but in the US, you will be asked to define who came up with what part of the invention). But you can co-develop something if you iterate.
What can invalidate a patent in the US?
If there are to many or to few on a patent application. Too many and the patent can be invalidated (5-7 people are waaaay to much).
When filing a patent, when does the potential granted patent count from?
The filling date!
So you don’t always have 20 years….
What is novelty?
“Is it identical? Yes or no.” – Don’t complicate it more than that.
What is excluded from patenting?
Art. 6:
Inventions shall be considered unpatentable where their commercial exploitation would be contrary to ordre public or morality; the following, in particular, shall be considered
unpatentable:
(a) processes for cloning human beings;
(b) processes for modifying the germ line genetic identity of human beings;
(c) uses of human embryos for industrial or commercial purposes;
(d) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes
How do you destroy global novelty?
- Any form of public communication! If someone not attached to the project could find the information if they wanted without special agreement or purpose.
- Also displays of the invention if you can figure out the inner workings from the display. It’s not a disclosure if you only show the outcome for example.
What is prior art?
Prior art is documentation that shows that a patent idea has already had public access. Can be anything from class books to research papers to even comic books and cartoons.
Large companies and investors will often not sign CDAs and NDAs because?
They are afraid of cross-contamination, they could already know this information, and now have to prove it. OR you can work in a big company and don’t know what other departments are doing, and are writing off rights for the company, now you have to show that you had the information already.
What is a patent claim?
A full sentence describing the claim.
If you improve on technology with a patent, what should you do?
1) File for patent on your new improved product.
2) Ask for licensing of the old technology or try to show prior art to destroy IP.
3) Maybe do cross-licensing, so you both get access to the needed IP.
What should you try to do when filing a patent?
Always file for the essential working mechanisms, so that if there are iterations, you will always have to be licensed.
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Why patent - philosophically?
The capitalistic thought of private property transferred to “intangibilities”.
- Meaning we can start trading them and start using them in a market aspect.
- Is like a house, car, bike you name it. Physical property. You can trade them, you can “rent” out your house/patent etc.
Why is the US patent market changing?
New legislation said that nature-derived compounds/genes etc. cannot be patented. This means that fewer patents are filled and more confidential cooperation is done.
- Great example of why patents are important.
Why patent from a market perspective? What can a patent do?
A right for the patentee to prohibit others from exploiting the patented invention. It’s a negative right (you can prohibit others) - it does however not necessarily mean that you can produce it yourself.
Can you always produce your patent?
You cannot necessarily exploit the field/product you patented. You can patent human cloning, but you cannot do this. You can patent a car that goes 1000mph, but you can’t necessarily sell it in DK.
Why patent in a financial perspective?
Patents protect investments in research and development (R&D). Makes it possible to do basic business development (market sizing, profitability calculations etc.).
- BECAUSE – you can exploit and copy unpatented products or technology according to law. (You can’t make an EXACT copy, but you can always just change a corner or something small, and then it’s good. – Get a patent on the concept!)
Ecosystem in life science?
Big companies often just buy smaller companies for their IP. Are often dependent on this faster development from smaller companies.
The effect of a patent:
Prohibits the commercial processes of:
1) Using your technology/products
2) Producing your technology/product
3) Selling your product/technology
4) Importing your technology/product (to countries where you have the patent)
5) Offering your technology/product for sale
Being in possession of your technology/product with the objective of doing any of the above
What is Contributory infringement?
1) Selling or offering machines that can produce your product
2) Selling or offering materials which are especially suited for the manufacturing of your products when the seller knows that the buyer will produce your product from the materials.
3) Selling or offering ordinary materials which are not especially suited for the manufacturing of your product if the seller encourages the buyer to produce your product from the material.
Can you use patented technologies for R&D?
Yes! R&D is permitted to use previous patents – especially for academic research.
What happens if you’ve been doing a process for 10 years as a trade secret that somebody then files a patent on?
You can keep using your process if you can prove that you have used it (in secret) before the patent.
