intellectual property

Question 1

The main forms of intellectual property include:

Answer 1

• Copyright
• Trademarks
• Data Rights
• Patents

Question 2

The principal means of protecting ‘novel’ products and processes is by:

Answer 2

Patents – a concept that has existed since antiquity

Question 3

A patent is an exclusive right:

Answer 3

• Granted in respect of an invention
• That must be susceptible to industrial application
• That is new (novelty)
• That involves an inventive step

Question 4

Patents are normally valid for:

Answer 4

20 years from the date of filing (full patent)

Question 5

Renewal fees are payable at stages throughout the 20 years

Question 6

It confers upon its holder, for a limited period, the right to exclude others from exploiting (making, using, selling,
importing) the patented invention, except with the consent of the patent owner

Answer 6

Exclusivity

Question 7

 Patents encourage innovation by monetary means; they represent a trade-off of disclosure in return for
monopoly.

 Patents have the effect of incentivising innovation but at a cost to consumers – they might allow a higher
price to be charged than if there were no patent in existence (welfare loss).

 Considerable time and expense is involved in securing patents – they have to be secured in every country or
territory depending on the local legislation.

Question 8

Key requirements for Patentability

Answer 8

• Invention
• Novelty (newness)
• Inventive Step
• Capable of Industrial Application

Question 9

Any new and useful art, process, machine, manufacture, or composition or matter, or any new and useful improvement in any art, process, machine, manufacture, or composition or matter

Answer 9

Invention

Question 10

It applies when the invention is not already part of the “State of the art’.

Answer 10

Novelty

Question 11

It is everything made available to the public, in the State or elsewhere, by means of a written or oral description, by use or by any other means, plus any prior Patent application.

Answer 11

State of the Art

Question 12

An invention shall be considered as involving an ___ if it is not obvious to a person skilled in the art. It is decided on a case-by-case basis.

Answer 12

inventive step

Question 13

it can be made or used in any kind of industry, including agriculture.

Answer 13

Capable of Industrial Application

Question 14

It includes any physical activity of a ‘technical character’, that is, it can be interpreted as the useful or practical arts rather than the aesthetic arts.

Answer 14

Industry

Question 15

Patent Specification is the key document filed, which outlines:

Answer 15

 Background
 Scope of the invention (abstract)
 Description (enough detailed to permit it to be executed after expiry by a person ‘skilled in the art’)
 Claims (strict legal text that must set out the essential features of the invention in a manner to clearly define what will infringe the patent)

Question 16

In deciding when to file the patent, the innovator faces a dilemma – there is invariably a considerable delay between the date of filing and date of grant:

Answer 16

 Filing early may mean the specification is too broad to qualify.

 Leaving it too late may mean the specification has to be narrower in application.

Question 17

Infringement amounts to making, using, importing or marketing the product without the owner’s consent.

Answer 17

the patent is in respect of a product

Question 18

Infringement amounts to making, using, importing or marketing of a the product obtained via the process in the patented territory.

Answer 18

the patent is in respect of a process

Question 19

Any person can apply for a patent, but the right initially belongs to:

Answer 19

 the inventor
 someone to whom the inventor transferred the right in law (usually inventor’s employee)
 a legitimate successor

Question 20

The employer is automatically seen as the inventor on many countries if the employee has discovered the invention ‘in the course of employment’

It may be necessary to examine the contract of employees to stablish this.

Question 21

It is a bundle of national patents. A single application to the European Patent Office secures patient rights in a number of European countries*

Answer 21

European Patent Convention (EPC)

Question 22

Includes most EPC countries plus members in North and South America,
Africa and Asia Pacific. A single application can be filed for multiple
members.

Answer 22

Patent Cooperation Treaty (PCT)

Question 23

It is an extension to the patent term available for certain types of patent (including human or animal use or plant protection) to compensate for the reduction in the effective patent life due to regulatory approval timelines

Answer 23

The Supplementary Protection Certificate (SPC)