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technology management & innovation

intellectual property

Homework 1 – Discussion (R&D at P&G)

Lecture 2 Intelectual Property

Patent database search – Introduction to Espacenet

Homework 2 – Instructions (Web of science & Espacenet)

Today

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what are intellectual property (IP) and intellectual property rights (IPR)?

the different forms that IP can takecomparison of IP types and rights gainedsome examples of IPoverview of what’s in a patent

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intellect - what’s in your headideas, emotions, imagination, creativity, problem-

solving ability*

intellectual property (IP) - intellect made “real”the realisation, or expression of intellect, such as

music, invention, art, writing*

intellectual property rights (IPR)the legal right of an inventor or creator to control

the use, by others, of their intellectual property

*Intellectual Property for Managers and Investors. S.J. Frank, CUP. p.1

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different forms of IP

patent

copyright ©

trademark ® or ™

know-how (trade secret)

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patent

what is it?“a government granted right to stop others from doing certain things specified in the patent document”*

sounds good, doesn’t it?

*Intellectual Property for Managers and Investors. S.J. Frank, p.2

how does it work?inventor invents somethingdescribes in pictures and words exactly how it is realisedsubmits to patent officeapplication is examinedpatent examiner and inventors negotiate allowable claims meanwhile the application is made publicgrant (or refusal) of patent

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“From the perspective of the inventor, the process of obtaining a patent goes something like this: you work with your patent lawyer to prepare an application that describes your invention in exhaustive (and expensive) detail; the finest years of your life slip away as the application languishes, awaiting examination; at last the patent office awakens, only to curtly reject all of your claims, seeming almost astonished at your nerve; your lawyer says not to panic and, in most cases, eventually persuades the patent examiner to allow at least some claims; and finally, the stiff-covered patent award issues forth.”*

*Intellectual Property for Managers and Investors. S.J. Frank, CUP. p.10

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patent

good forutilitarian (useful, practical, functional) inventions

duration20 years from filing date

•advantagesclear protection coverage,enforceable by international law,broad range of subject matter.

•disadvantageshigh cost,delay between application and grant,disclosure prior to effectiveness of patent.

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copyright ©

good forworks of creative expression, e.g. writing, music, works of art, software, anything that can be “slavishly” copied

durationlife of author + 70 years

•advantagesvery low cost (essentially zero),absence of complex procedures,automatic international coverage,low eligibility criteria.

•disadvantagesprotection only covers slavish copying,numerous exclusions limit scope,does not cover independent development.

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trademark ® or ™

good forwords, names, symbols (logos), sounds, colours or even smells that distinguish goods and services

durationeffectively forever

•advantageslow cost (typically << $2k to register),enforceable,clear ownership (register).

•disadvantagesseparate registration needed in each country/region,marks not in commercial use may be removed from register.

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know-how (or trade secret)good forreceipes, formula, algorithms, customer lists, manufacturing techniques etc., actually virtually anything!

durationfor as long as you can keep it secret (!)

•advantagesbroad range of subject matter,no formal registration process.

•disadvantagesdifficult to enforce,discovery by independent development or reverse engineering,high cost of maintaining secrecy,laws vary from place to place.

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example of a trade secret

The receipe for

has been secret since 1886!

incidentally, the coca-cola logo was registered as a trade mark at the US patent office in 1893

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example of a trademark

the “Window” symbol is a well known trademark belonging to ...Microsoft Corp

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example of copyright

This PowerPoint PresentationCopyright © 2009 M. Steinberg

All rights reserved.

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example of a patent

1980 - Pliva’s macrolide antibiotic, azithromycin is patented1986 - azithromycin is licensed to Pfizer for the US, European and Japanese markets1988 - launched under the Pliva tradename of “Sumamed”1991 - launched under the Pfizer tradename of “Zithromax”2000 - patent expires2005 - generic version of azithromycin launched in USA

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why patent technology?

digital photography

image processing

microprocessor ICs (DSPs)

optics

memory & storage

semiconductors

computer peripherals

cameras

CCD detectors

competition

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what’s in a patent?

cover pagetitle

inventorsassignee (owner)

application/grant numberclassification number (IPC)

insideabstract

detailed descriptionclaimsfigures

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summary

• what is intellectual property (IP) and IP rights (IPR)

• different forms of IP• comparison of IP types• examples of IP• overview of what’s in a patent

• next week: exploiting IP

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homework task

select your patent using assigned keywordsreview your selected patent(submission deadline 16/11/11)

• basic analysisidentify inventors, assignee, priority date, IPC classification

• technical analysiswhat is it (a method, an apparatus)?what does it do according to the inventors?re-write claim 1 in your own words.

• Prepare a 1 page summary in Word or Powerpoint of your patent analysis (200 words max), you may include one figure to illustrate your report.

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esp@cenet resourcesespacenet - Home page

good introduction to the EPO search engine, esp@cenet (English)

http://hr.espacenet.comcroatian release of espacenet - use advanced, or number search

http://v3.espacenet.com/eclasrch?locale=hr_HRinternational patent classification (IPC) codes (English/Croatian)

Web of Science

How to select your patent?

Use the assigned keywords to search the web of science database.

Identify a leading researcher or a group in the field.

Using Espacenet find patents from the person/group in the field and select your favourite.

Example keywords: holographic sensor, glucose