12/03/13 The European Patent Office An introduction to the EPO and the European patent system...
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12/03/13 The European Patent Office An introduction to the EPO and the European patent system Evangelia Spyropoulou Brussels 13.03.13
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Transcript of 12/03/13 The European Patent Office An introduction to the EPO and the European patent system...
12/03/13
The European Patent Office
An introduction to the EPO and the European patent system
Evangelia Spyropoulou
Brussels 13.03.13
Overview of intellectual property rights
Legal right What for? How?
CopyrightOriginal creative or artistic forms
Trade marksDistinctive identification of products or services
Use and/orregistration
Registered designs
Registration*
Patents New inventionsApplication and examination of the application
Exists automatically
Trade secrets
External appearance
Valuable information not known to the public
Reasonable efforts to keep secret
© The Coca-Cola Company
Example: one mobile phone; several IP rights
Trade marks: Made by "Nokia" Product "N95" Software "Symbian", "Java"
Patents: Data-processing methods Semiconductor circuits Display
Copyrights: Software code Instruction manual Ringtones
Trade secrets:
?
Designs (some of them registered): overall shape of phone arrangement of buttons in an oval configuration three-dimensional waveform of buttons
© Nokia
What is a patent?
A patent is a legal title granting its holder the right to prevent third parties from exploiting an invention for commercial purposes without authorisation
In return for this protection, the holder has to disclose the invention to the public
Protection is granted:
– for a limited period, generally 20 years
– for a specific geographic area
Revealinvention
Get exclusivity
What can be patented at the European Patent Office?
Inventions that are…• new to the world (no previous public notice)• inventive (i.e. not an "obvious" solution)• susceptible of industrial application
NOT:
• Mere ideas not reduced to practice
• Software as such
• (but algorithms that achieve technical results)
• Business methods
• Medical therapies, plant varieties, etc.
• …
See Articles 52 and 53 EPC in http://www.epo.org/patents/law/legal-texts/epc.html
Patent requisites
What does a patent look like?
–Bibliographic information Inventor, proprietor, date of filing, technology class, etc.
–Description Summary of prior art (i.e. the known existing technology) The problem that the invention is supposed to solve An explanation and at least one way of carrying out the invention
– Claims Define the extent of patent protection
–Drawings Illustrate the claims and description
–Abstract Around 150 words as a search aid for other patent applications
Structure of the description
Prior art
– Teapot with one spout Drawback of prior art
– Time-consuming Problem to solve
– Reduce filling time Solution
– Provide a second spout Advantage of the invention
– The time needed to fill multiple
cups is reduced
1980
The first European patent was granted to German systems manufacturer Scheidt & Bachmann.
The invention related to a device for the temporary storage of coins for use in ticket machines.
The first European patent
What not to do when considering filing a patent application
• No publication prior to filing
e.g. no article, press release, conference presentation/poster/proceedings or blog entry
• No sale of products incorporating the invention prior to filing
• No lecture or presentation prior to filing
except under a non-disclosure agreement (NDA)
• Seek professional advice soon!
• File before others do!
NDA
Important: Secrecy until the date of filing!
• Company Journal
• Samples
• Prototypes
• Displays
• Trade Fairs
• "Open Door" events
• Publicity
• Visitors
• etc...
Beware of
38 member states
European patent applications and patents can also be extended at the applicant's request to the following states:
Bosnia-Herzegovina • Montenegro
Albania • Austria • Belgium • Bulgaria • Croatia • Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania • Luxembourg • Former Yugoslav Republic of Macedonia • Malta • Monaco • Netherlands • Norway • Poland • Portugal • Romania • San Marino • Serbia • Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United Kingdom
Autonomy
Second largest intergovernmental institution in Europe
Not an EU institution
Self-financing, i.e. revenuefrom fees covers operatingand capital expenditure
EPO Locations
The EPO has offices at
five different locations.
Its headquarters are in Munich.
The Hague
Vienna Berlin
Munich - Headquarters
Brussels - Bureau
EPO Locations
Highly skilled examiners
Top-level engineers and scientists
– high degree of technical expertise
– knowledge of the EPO's three official languages
Training during first two years
– extensive legal and procedural training
– individual coaching by experienced examiners
Continuing professional development throughout career
European Inventor Award
2006 - 2012
The annual European Inventor Award is organised by the EPO in co-operation with the EU Council Presidency and the European Commission. The award recognises inventors and their ground-breaking inventions for their contribution to society and the economy.
Laureates include Peter Grünberg, subsequent winner of the Nobel Prize in Physics, and Eric de Clerq, developer of some of the original drugs against HIV.
