Lecture 3 continued- Patent anatomy Flashcards
What is included in a patent?
Title, abstract, Description, claims,drawings ,
What are INID numbers ?
Internationally agreed Numbers for the Identification of Data) are a standardized system by World Intellectual Property Organization (WIPO)
INID codes help identify different types of information found on a patent or patent application document, such as the filing date, applicant’s name, publication number, priority date, inventor’s name, and more.
What are kind codes ?
European Patent Office (EPO):
A1: Published patent application with European search report.
A2: Published patent application without search report.
A3: Search report separately published after an A2 document.
B1: Granted European patent (after examination).
B2: Granted patent with amendments after opposition or appeal.
what are search reports ?
A search report in the context of patents is a document that provides the results of a search for prior art conducted by a patent office examiner. The goal of the search is to identify any earlier publications, patents, or other publicly available documents that might affect the patentability
Documents (3-5) closest to the invention are listed in search report and sent to applicant for response
What is included in patent description ?
-Vital for academic + industrial use
– Analysis of state-of-the-art
– Shortcomings
– Problem to be solved by innovation
What is the claims section of patent?
-claims focus on how an invention can be utilized rather than just its composition or structure.
EPO: first 15 free
* But! 16 – 50 = €235 each
– > 50 = €580 each
Name all the patent offices/ organisations?
hint theres 4
1.National Patent office
2. European patent office
3. World Intellectual Patent Office
4. International Agreements eg TRIPS
Details about european patent office ?
-Application & grant of a
patent for all designated
member states at one
authority
* Based in Munich and The
Hague
* Confers same right as national
patent
* Single examination process
* One common certificate
issued
What does the national patent office deal with ?
They deal with either claims registered and
examined before inventor
given any rights
OR
Patent claims registered but
detailed examination delayed
until infringement dispute
arises
-They do search reports and
what is evidence of novelty ?
Evidence of novelty refers to the documentation or information that demonstrates that an invention is new and not previously known or disclosed before the filing date of the patent application.
World Intellectual Patent Office
*Founded 1967
* Based in Geneva
* United Nations Agency
* Handles global IP treaties
* 193 member states
*Information relating to Irish IP
Law
* Coordinate submission of PCT
application– Must still prosecute patent in national states (ie, it’s an application!)
What is TRIPS agreement (1994) ?
World Trade Organization on
Trade-Related Aspects of
Intellectual Property Rights
Means of bringing countries
with poor IP protection ‘in
from the cold’
– Wealthy countries: reduce
import barriers
– Developing countries:
implement stronger intellectual property rights
What rules do world intellectual patent office members have to go by at a national level according to TRIPS ?
-Provide a level of right equal to those provided by major IP treaties e.g paris convention
-do not discriminate between technologies when processing patent applications
-Must provide patent protection for at least 20 years from filing date
– Must provide enforcement of IPR
When is search report issued after filing date ?
A search report is issued typically 5 months after date of filing
Do you need to respond to patent ?
yes
