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Importance of IP for researchers

Importance of IP for researchers. Noël Campling, Director European Patent Academy. 28 April 2009. Outline. Overview of European Patent Office and its European Patent Academy Why does intellectual property matter to researchers? Patents – the basics

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Importance of IP for researchers

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  1. Importance of IP for researchers Noël Campling, Director European Patent Academy 28 April 2009

  2. Outline Overview of European Patent Office and its European Patent Academy Why does intellectual property matter to researchers? Patents – the basics Why does patent information matter to researchers? Relevancy of patent information to researchers Free information in patent databases How to use patent information Ownership issues

  3. TheEuropeanPatent Office • EPC • The patent granting authority of Europe • A single patent grant procedure for up to 35 European countries • Wholly self-financing • NOT an EU organisation The European Patent Office  What is the European Patent Office?

  4. 35 member states 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 • Slovakia • Slovenia • Spain • Sweden • Switzerland • Turkey • United Kingdom European patent applications and patents can also be extended at the applicant's request to the following states: Albania • Bosnia-Herzegovina • Serbia Status: January 2009

  5. Locations Headquarters Munich Isar building Berlin Munich PschorrHöfe The Hague Vienna Brussels Bureau  The European Patent Office Locations

  6. The European Patent Academy : Our mission What • Fostering and supporting IP education and training initiatives • Encouraging the sharing of best practice How • in co-operation with national and European partners The European Patent Academy  Our Mission

  7. Programme areas • Innovation Support • Academia • Professional Representatives • Judicial Training • Institutional Strengthening The European Patent Academy  Programme areas

  8. Academia • IP teaching beyond law faculties • Dissemination of IP knowledge in universities • Introduce and expand IP content in university curricula • Minimum standards and essential elements for IP education • Supports IP academic initiatives The European Patent Academy  Academia

  9. Why does intellectual property matter to researchers? • IP enables creativity to be protected • IP can be licensed or sold. It can be key negotiating tool - "deal-maker" • IP will attract investment • IP appears as asset on company accounts

  10. Patents – the basics • Earliest patent for glass-making in 1420s • Patent gives its owner a right • Patent lasts up to 20 years • Patent criteria: new, inventive step, industrial applicability

  11. Why does patent information matter to researchers? • Invaluable source of research information • Source of commercial information • Most of what is published in patents is no longer protected, and is therefore free to use

  12. Much knowledge can be found in patents only Published elsewhere Patents Only 20% also found elsewhere

  13. Patents are published 18 months after application Patent Office always publishes after 18 months Research result Patent application filed Research publication send to editor Patent application published Paper published Publisher Editor Editor Reviewer 1 Author Reviewer 2 Reviewer 3

  14. Basic research is also published in patent information! Many patents 1997 First hard drive with GMR sensor 1988 GMR discovered 1989 Patent + article published 2007 Nobel Prize in Physics Heavily cited patent! Approx. 200 citations

  15. Patents are well-structured - sections • Title • Improvements in or relating to tea pots • 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 • Claims • Legally valid protection Example: GB360253

  16. http://ep.espacenet.com: free worldwide patent info

  17. The International Patent Classification (IPC) system helps to find the relevant patents Arrangements or instruments for measuring magnetic variables

  18. Ownership Issues • Intellectual Property Policy should • provide clear rules for staff and students regarding the disclosure of new ideas with commercial interest, such as ownership of research results • Allocation of ownership of Intellectual Property should be identified in framework of project • Identify who owns Intellectual Property before starting the project • One possible model regarding collaborated and contract research: • In collaborative project, ownership should remain with party that generated it, however it can be allocated on a basis of a contract (must detail who owns what in writing) • In a contract research, research generated by public research organisation belongs to the private company Source: Official Journal of the European Union -Commission Recommendation of 10 April 2008

  19. Thank you for your attention ! Noël Campling ncampling@epo.org Tel: +49 (0)89 2399 5420 European Patent Academy http://academy.epo.org 26 April 2009

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