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Patent application procedure (…and costs). Knowledge Transfer Group. Reminder. What can be patented?. Date of Filing. Prior Art. Inventions which are : 1) New – not already in prior art 2) Inventive – not obvious to someone skilled in the art
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Patent application procedure (…and costs) Knowledge Transfer Group
Reminder... What can be patented? Date ofFiling Prior Art • Inventionswhichare: 1) New – not already in prior art 2) Inventive – not obvious to someone skilled in the art 3) Industrially applicable – solves a technical problem
The Patent System Applicant Patent System Patent Application Granted Patent Publication Society
Application procedure... Inventors Assessment & Search Assessment Review KT Patent Attorneys Drafting Novelty Search Filing Patent Office Date of Filing
Question... When can you disclose information about your invention without jeopardizing your patent application?
Disclose only after filing (typically) Inventors Assessment & Search Assessment Review KT Patent Attorneys Drafting Novelty Search Filing Patent Office Date of Filing
Application procedure, cont... Inventors Assessment & Response Assessment & Response KT Patent Attorneys Patent Office Examination Search Date of Filing Patent Granted
Patent families – International context Patent Cooperation Treaty (PCT) (1978)
PCT phase Regional/ national phase Publication Convert to PCT (if national filing) USA GB National or PCT filing Europe (EP) DE FR Japan Priority application S. Korea 0 12 18 30 48 – 60 84 - 240 Time (months)
PCT vs. Paris Convention http://www.wipo.int/pct/en/faqs/faqs.html http://www.wipo.int/treaties/en/ip/paris/summary_paris.html
Patents cost money 20 years Prosecution (approx. 3 – 5 years) Renewal Cumulative CHF for an application covering Europe, US and Japan Renewal fees (CHF) 0K 6K 7.5K 50K 60K +1K per country, per year until end date Search for commercial partners (licensing) Revenue
Patent application v. patent • Patent application: Document as submitted to the patent office. • Patent: Document as granted (i.e. approved) by the patent office How canyoudistinguishbetween the two ? It iswritten on the document A = Application B = Patent
European patents European Patent Convention (1973) Important: There is (currently) no such thing as a European patent that is legally enforcable over all European countries. Once a European patent is granted it must be validated, and subsequently renewed, in each individual country of the applicant(s)’ choosing.