www.techtransfer.ugent.be how to read a patent? karen curé
TRANSCRIPT
www.techtransfer.ugent.be
Patent Application (A-doc)
- After 18 months published
- Search Report
- English, French or German
- Limited legal value
www.techtransfer.ugent.be
Granted patent (B-doc)
- Takes 3 to 7 years
- Shorter than application
- Translated in local language
- Strong legal value
www.techtransfer.ugent.be
Reasons to read a patent:
- Scientific information
- Prior Art
- Company information
- How to copy
- Other players in the field
- Are we free to produce / market?
www.techtransfer.ugent.be
Why do we read a patent?
PRIOR ART FREEDOM TO OPERATE
Is our invention still new? Are we infringing?
Consider the whole document (as any other publication)
Consider the claims
(description of the claims to interpret the claims)
Legal status of the patent is not important
Check legal status
Check search report
www.techtransfer.ugent.be
1. Title page: Administrative data
2. Description: Scientific data
3. Claims: Juridical data
Different parts of a patent
www.techtransfer.ugent.be
TITLE PAGE
- Title (product, method, process, use)
- Abstract (“secret molecule”)- Applicant: owner of the patent- Inventors- First filing date: priority date- Publication number- main drawing
www.techtransfer.ugent.be
INTRODUCTION
Scientific information
- Technical field
- Background information- Situation of the technical problem
- Description of the most relevant prior art
www.techtransfer.ugent.be
INVENTION
New and inventive
- Solving drawback of prior art
- Inventive step: “Surprisingly”
Most important advantages
- other technical problems : “in a preferred embodiment...”
- Drawings, grafics, examplesPractical info
First claim
Other claims
www.techtransfer.ugent.be
DESCRIPTION (details of the invention)
• Explanation of the claims.
• “Reservoir” of technical information, needed for amending claims.
No scientific value
www.techtransfer.ugent.be
THE CLAIMS
• Legal interpretation (no scientific relevance)
• Claims– Protection scope of different types of claims– Dependent and independent claims– Preamble + invention– Claim with different features– Difference between EP and US claims
www.techtransfer.ugent.be
INVENTION (example)
• Blue pigment in fish feed– Technical problem:
• To colour fish fee blue not inventive
• Blue pigment is surprisingly an anti-oxidant inventive
www.techtransfer.ugent.be
CLAIMS Fish feed with blue pigment
Process for a fish feed with blue pigment
Product
Method
Use
Method to prevent oxidation in fish feed
Use of blue pigment in fish feed to prevent oxidation
www.techtransfer.ugent.be
• 1. Feed for aquatic organisms characterised in that said feed comprises a blue pigment
2. feed according to claim 1, characterised in that said blue pigment is patent blue.
3. feed according to claim 1 or 2, characterised in that said feed comprises at least 50 mg/kg, preferably more than 100 mg/kg and most preferably more than 150 mg/kg of said blue pigment.
4. Method to prevent oxidation in fish feed characterised in that said fish feed comprises a blue pigment.
www.techtransfer.ugent.be
• Feed for aquatic organisms, like fish and / or shrimp, wherein said feed comprises more than 50% lipids, of which said lipids comprises more than 30% highly unsaturated fatty acids characterised in that said feed contains a blue pigment.
INVENTIONPrior art
www.techtransfer.ugent.be
• Feed for aquatic organisms characterised in that
Said feed comprises :
A. More than 50% lipids
B. Vitamin C
C. Blue pigment
Infringement when: A+B+C or A+B+C+X
No infringement when: A+B or A+C or B+C or A or B or C
Infringement when: A+B+D when D is a logic equivalent for C
www.techtransfer.ugent.be
EP US - Claim
European model
Feed according to claim 1or 2
characterised in that said feed
comprises
at least > 2% blue pigment,
preferably > 10%,
more preferably > 20%
and most preferably > 35%
American model
Feed according to claim 1 wherein said feed comprises > 2% blue pigment
Feed according to claim 1 wherein said feed comprises > 10% blue pigment
Feed according to claim 1 wherein said feed comprises > 20% blue pigment
Feed according to claim 1 wherein said feed comprises > 35% blue pigmentAND / OR
AND
OR± 15 claims ± 50 claims
www.techtransfer.ugent.be
Search Report
• X- documents Novelty• 2 Y- documents Inventive step• A documents Same technical field
Will the patent be ever granted?
Literature review
www.techtransfer.ugent.be
Why do you read a patent?
- Scientific document Introduction + Invention
- Company profile Title page
- To know the process Examples
- Copying Examples + legal status (claims) + SR
- To know competitors Title page + invention + claim 1
- Freedom to operate Legal status + claims (description)
www.techtransfer.ugent.be
PRIOR ART FREEDOM TO OPERATE
PUBLICATION LEGAL DOCUMENT
- Scientific document- Info competitors- Info processes, products- Market information
- You want to copy - You are accused of infringement
Legal status of the patent is not important
Check legal status
Check search report