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Can I patent this? The invention process and its pitfalls

Can I patent this? The invention process and its pitfalls

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Can I patent this? The invention process and its pitfalls

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  1. Can I patent this? The invention process and its pitfalls

  2. Can I patent this? • What is a Patent?

  3. Can I patent this? • What is a Patent? • Invention

  4. Can I patent this? • What is a Patent? • Invention • Exceptions

  5. Can I patent this? • What is a Patent? • Invention • Exceptions • Getting a patent

  6. Can I patent this? • What is a Patent?

  7. Can I patent this? • What is a Patent? • A Patent is a legal document conferring on its holder, for a fixed period,* the right to exclude all others from exploiting (e.g. making, selling, using, importing) the disclosed invention, save with the holder’s consent.† *Usually 20 years from filing date (Ireland, EPO). †See Irish Patents Act, 1992, Chapter VI; European Patent Convention Article 64

  8. Can I patent this? • What is a Patent? • A Patent is a technical document, which “must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.” (Irish) Patents Act, Section 19(1)

  9. Can I patent this? • Quid pro quo. • For a full disclosure, the patentee gets a monopoly.

  10. Can I patent this? • Origins • Letters patent - an open document from a sovereign or government conferring a right. • Patent - ME f. OF patent and L. patere (lie open)

  11. Can I patent this? • A bit of history...

  12. Can I patent this? • A bit of history... • 1421: Filippo Brunelleschi: a hoisting apparatus for loading & unloading marble blocks from ships. 7 year monopoly granted by City of Florence.

  13. Can I patent this? • A bit of history... • 1421: Filippo Brunelleschi: a hoisting apparatus for loading & unloading marble blocks from ships. 7 year monopoly granted by City of Florence. • 1449: John of Utynam: method of staining glass. Flemish, granted 20 year monopoly on condition that he taught his art to English apprentices.

  14. Can I patent this? • A bit of history... • 1421: Filippo Brunelleschi: a hoisting apparatus for loading & unloading marble blocks from ships. 7 year monopoly granted by City of Florence. • 1449: John of Utynam: method of staining glass. Flemish, granted 20 year monopoly on condition that he taught his art to English apprentices. • 1474: City of Venice: prohibited unauthorised copying of inventions (10 year monopoly, infringers fined 100 ducats).

  15. Can I patent this? • A bit of history... • 1421: Filippo Brunelleschi: a hoisting apparatus for loading & unloading marble blocks from ships. 7 year monopoly granted by City of Florence. • 1449: John of Utynam: method of staining glass. Flemish, granted 20 year monopoly on condition that he taught his art to English apprentices. • 1474: City of Venice: prohibited unauthorised copying of inventions (10 year monopoly, infringers fined 100 ducats). • 1624: Statute of Monopolies: 14 year monopoly to “first and true inventor”.

  16. Can I patent this? • Patentability • An invention shall be patentable… if it is susceptible to industrial application, is new and involves an inventive step. IPA, S9(1)

  17. Can I patent this? • Patentability • An invention shall be patentable… if it is susceptible to industrial application, is new and involves an inventive step. IPA, S9(1) • New = novel

  18. Can I patent this? • Patentability • An invention shall be patentable… if it is susceptible to industrial application, is new and involves an inventive step. IPA, S9(1) • New = novel • Inventive step = not obvious

  19. Can I patent this? • Patentability • An invention shall be patentable… if it is susceptible to industrial application, is new and involves an inventive step. IPA S9(1) • New = novel • Inventive step = not obvious • Susceptible to industrial application = technical in character

  20. Can I patent this? • Novelty

  21. Can I patent this? • Novelty • An invention shall be considered new if it does not form part of the state of the art. IPA S11(1)

  22. Can I patent this? • Novelty • An invention shall be considered new if it does not form part of the state of the art. IPA S11(1) • State of the Art • …[comprises] everything available to the public... by means of an oral or written description, by use, or in any other way, before the date of filing of the patent application. IPA S11(2)

  23. Can I patent this? • Prejudicial disclosure

  24. Can I patent this? • Prejudicial disclosure • Previous patents/applications* * But NOT EPC Applications already filed, prior to publication, designating different contracting states

  25. Can I patent this? • Prejudicial disclosure • Previous patents/applications* • Scientific publications * But NOT EPC Applications already filed, prior to publication, designating different contracting states

  26. Can I patent this? • Prejudicial disclosure • Previous patents/applications* • Scientific publications • Newspaper articles * But NOT EPC Applications already filed, prior to publication, designating different contracting states

  27. Can I patent this? • Prejudicial disclosure • Previous patents/applications* • Scientific publications • Newspaper articles • Public demonstrations† * But NOT EPC Applications already filed, prior to publication, designating different contracting states † But NOT Official Exhibitions recognised by Paris Convention (<6 months before filing)

  28. Can I patent this? • Prejudicial disclosure • Previous patents/applications* • Scientific publications • Newspaper articles • Public demonstrations† • Sale/distribution of embodiments * But NOT EPC Applications already filed, prior to publication, designating different contracting states † But NOT Official Exhibitions recognised by Paris Convention (<6 months before filing)

  29. Can I patent this? • Prejudicial disclosure • Previous patents/applications* • Scientific publications • Newspaper articles • Public demonstrations† • Sale/distribution of embodiments • Conversation! * But NOT EPC Applications already filed, prior to publication, designating different contracting states † But NOT Official Exhibitions recognised by Paris Convention (<6 months before filing)

  30. Can I patent this? • Prejudicial disclosure • Previous patents/applications* • Scientific publications • Newspaper articles • Public demonstrations† • Sale/distribution of embodiments • Conversation! * But NOT EPC Applications already filed, prior to publication, designating different contracting states † But NOT Official Exhibitions recognised by Paris Convention (<6 months before filing)

  31. Can I patent this? • Inventive step

  32. Can I patent this? • Inventive step • An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. IPA S13

  33. Can I patent this? • Inventive step • An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. IPA S13 • Skilled person • A hypothetical individual, fully versed in state of the art in the relevant field of technology at date of filing, but unimaginative.

  34. Can I patent this? • Lack of invention

  35. Can I patent this? • Lack of invention • Application of known measures • e.g. elastic vs. sprung component

  36. Can I patent this? • Lack of invention • Application of known measures • e.g. elastic vs. sprung component • Obvious combinations of features • sausage machine = known mincer + known filler

  37. Can I patent this? • Lack of invention • Application of known measures • e.g. elastic vs. sprung component • Obvious combinations of features • sausage machine = known mincer + known filler • Obvious selection • temp/pressure criteria arrived at by routine trial and error light bulbtoothbrush

  38. Can I patent this? • Industrial susceptibility (applicability)

  39. Can I patent this? • Industrial susceptibility (applicability) • An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. IPA S14

  40. Can I patent this? • Industrial susceptibility (applicability) • An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. IPA S14 • Industry • Any activity of “technical character”.

  41. Can I patent this? • Industrial susceptibility (applicability) • An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. IPA S14 • Industry • Any activity of “technical character”. • Feasibility requirement, excludes inventions operating contrary to established physical laws e.g. perpetual motion/time travel machines

  42. Can I patent this? • Exceptions to patentability

  43. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations

  44. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations • Aesthetic creations (works of art)

  45. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations • Aesthetic creations (works of art) • Methods

  46. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations • Aesthetic creations (works of art) • Methods • playing games (rules)

  47. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations • Aesthetic creations (works of art) • Methods • playing games (rules) • performing mental acts

  48. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations • Aesthetic creations (works of art) • Methods • playing games (rules) • performing mental acts • doing business

  49. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical methods/equations • Aesthetic creations (works of art) • Methods • playing games (rules) • performing mental acts • doing business • Presentation of information

  50. Can I patent this? • Exceptions to patentability • Scientific theories; mathematical equations/methods • Aesthetic creations (works of art) • Methods • playing games (rules) • performing mental acts • doing business • Presentation of information • Computer programs, per se