otn - mining the patent system to improve research and its commercialization [m. spence]

8/7/2019 OTN - Mining the Patent System to Improve Research and Its Commercialization [M. Spence]

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Mining the patent system to

improve research and its

commercialization

Malcolm SpenceSenior Coordinator, Intellectual Property, Science

& Technology Issues

[email protected]


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Patents what is the real deal?

The International Patent Classification System

Patent information where to find what? Patent mapping finding a research niche

Inventions who might be interested?

Thinking beyond patents

2Mining the patent system to improveresearch and its commercialization

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Make a patent search a

compulsory part of everyscience projects literature

survey


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To be patentable, research resultneeds to:

1. Be novel; AND2. Include an inventive step (called

by some non-obviousness); AND

3. Have a technical effect (called bysome industrial applicability)


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Granted the legal right to exclude

others from using invention

providing that full disclosure of the

invention is made.


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35 U.S.C. 112:

a written description of the invention, andof the manner and process of making and

using it, in such full, clear, concise, andexact terms as to enable any person skilledin the art to which it pertains, or with whichit is most nearly connected, to make and

use the same, and shall set forth the bestmode contemplated by the inventor ofcarrying out his invention


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The Anatomy of a Patent

Administrative information

- Inventors name and nationality

- Assignees name- Classification code for the invention

- Priority date claiming novelty

- Prior art references

- Abstract of invention

- Date of Grant


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The Specification

- The problem being addressed- The current state of the art

- Summary of the invention

- Detailed description (drawings)

- Claims


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Each Patent Office determined novelty and

inventiveness by examining each application

against

the state of the art their collection

of patents and other published

documents (like journals)


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Globalisation each office had to re-classify

each others patents, so negotiated an

International Patent Classification, the

Strasbourg Agreement of 1971 as amended in

1979 administered by the United Nations

Specialised Agency for intellectual property,

the World Intellectual Property Organisation


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WIPO

http://www.wipo.int/


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Version 2009

Guide

Objectives; History; Reform;

Assistance in its use


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Sections

[Sub-sections]

Classes

Sub-classes

Groups

Sub-groups


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A HUMAN NECESSITIES

B PERFORMING OPERATIONS;

TRANSPORTING

C CHEMISTRY; METALLURGY

D TEXTILES; PAPERE FIXED CONSTRUCTIONS


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F MECHANICAL ENGINEERING;

LIGHTING; HEATING; WEAPONS;

BLASTING

G PHYSICS

H ELECTRICITY


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Section A HUMAN NECESSITIES

Agriculture

Foodstuffs; Tobacco

Personal or Domestic Articles

Health; Amusement


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G01N33/483 Physical analysis of biological material

33/487 of liquid biological material33/49 blood

33/50 Chemical analysis of biological material

e.g. blood


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H01S3/00 Lasers

3/09 Processes or apparatus for excitation,e.g. pumping

3/091 by optical pumping

3/094 by coherent light


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Section: H ELECTRICITY

Class: H01 BASIC ELECTRIC ELEMENTS

Subclass: H01F MAGNETS

Main group: H01F 1/00 Magnets or magnetic bodies

characterised by the magnetic materials therefor


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Group H01F 1/053 actually concerns

magnets of inorganic materials characterised

by their coercivity, comprising hard magneticalloys specifically containing rare earth

metals.


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http://www.wipo.int/wipogold/en/

http://www.epo.org/patents/patent-information/free.html

http://www.uspto.gov/patents/process/search/


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Thomson Reuters

MicroPatent

http://www.micropatent.com/static/index.htm

Aureka


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Patent information where to find what?

Patent mapping finding a research niche




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ipCapital Group

Intellectual property strategy advisors

http://www.ipcg.com/?file=Patent_Maps


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Administrative information

- Inventors name and nationality

- Assignees name- Classification code for the invention

- Priority date claiming novelty

- Prior art references

- Abstract of invention

- Date of Grant


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Patent information where to find what?

Patent mapping finding a research niche



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Licensing Executives Society

International

http://www.lesi.org/Article/Home.html



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Duration of Patent:

Twenty (20) years from Priority Date

Duration of Trademark:

Ten (10) years from Priority Date BUTrenewable indefinitely



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Protection of New Plant Varieties

UPOV

(Plant Breeders Rights)

Trees, vines and shrubs



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Duration of Copyright:

Fifty (50) to Seventy (70) years from publication

(manuals containing know-how)

Duration of Trade Secrets:

Indefinite (as long as you can show itscommercial value and that you make efforts to

keep it secret)



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Please visit our Website:

http://www.crnm.org

Email:

[email protected]@crnm.org

322/13/2011 Mining the patent system to improveresearch and its commercialization

otn - mining the patent system to improve research and its commercialization [m. spence]

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