Patent searching and analytics

Question 1

What types of “intellectual property” is there?

Answer 1

Utility patent
Design patent (coca cola)
Plant patent
Trademark (starbucks logo)
Copyright (books)
Trade secret
Geographical Indication (champange)

Question 2

Explain “patents” and their meaning

Answer 2

• Its a limited time monopoly, granted by government, in exchange for publicly sharing new useful knowledge
• 20 years from filing date
• Periodic maintenance fees
• Gives owner the right to exclude others from practicing their invention
• Owners right to practice may be limited by others prior patent right

Question 3

What are the requirements to obtain a patent?

Answer 3

• Not previously sold or publicly described
• First to file
• Novel
• Useful
• Not obvious

Question 4

What is included in a patent document?

Answer 4

Title
Inventors
Assignee
Filing date
Classification
Backwards citation
Patent number
Abstract
Drawings
Background of invention
Description of prior art
Summary of invention
Desciption of drawing
Detailed description
Claims

Question 5

What are the pro´s and alternatives of patenting?

Answer 5

Pros
Collaborative license and technology to company
Attract funding
Protest research
Stop competitor

Alternatives
Maintain trade secrets
Publish

Question 6

How long does patent, design protection, trademark and copyrights last?

Answer 6

Patent: Technical solutions: 20 years

Design protection: Appearance/form: 25 years

Trademark: Distinguising mark: n*10 years

Copyright: Original work: 70 years after the death of the originator

Question 7

What are the questions we want answered when searching patent information?

Answer 7

What solutions exist to a technical problem?

What technologies are my competitors developing?

Who is strong in a new technology field?

Is my invention patentable?

Do I risk infringing on someones patent?

Question 8

Why use patent information?

Answer 8

30-50% of product development processes include ideas already developed

80-90% of technical information is disclosed in a patent literature

90% of all patents are directed to product development and improvement of production methods

Question 9

What is IPC?

Answer 9

International patent classification: Each patent document must have at least one IPC class. Each class represents a broad technological area. Provided by WIPO. Has a hierarchical structure

Question 10

What is CPC?

Answer 10

Common patent classification

Documents are often also given a CPC class. Is more detailed than IPC.
Its meant to structure information and inventions

Question 11

What is said about the ownership and rights to use IP?

Answer 11

The creator/author owns the right per default

As of yet, there must be a human creator involved for IPR to be awarded

Ownership can be conveyed through agreements

Owner can be a person or organization

The owner may allow others to use the protected asset through licensing

The moral rights of copyrights always stays with the creator

Question 12

What is said about employees and teachers creating IP?

Answer 12

Outside academia - The employer usually have the right to use the IP created by employees

Teachers - In sweden they own their own creative results.

Question 13

What different type of patent searches and analysis purposes are there?

Answer 13

Validity search

Patentability search

Freedom to operate or clearance search

Patent landscape search

Question 14

What are the patent landscaping working process?

Answer 14

1.Specify purpose, goals, scope

2. Develop a detailed research plan
3. Search in patent database
4. Clean up data
5. Create and populate categories
6. Create charts/tables and visualization
7. Continually monitor and update