Download - Importance of IP for researchers
Importance of IP for researchers
Noël Campling, DirectorEuropean 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• 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
The European Patent 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?
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
Locations
The Hague Vienna Berlin
Headquarters MunichIsar building
BrusselsBureau
The European Patent Office Locations
MunichPschorrHöfe
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
Programme areas
• Innovation Support
• Academia
• Professional Representatives
• Judicial Training
• Institutional Strengthening
The European Patent Academy Programme areas
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
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
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
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
Much knowledge can be found in patents only
Published elsewhere Patents
Only 20% also found elsewhere
Patents are published 18 months after application
Researchresult
Patentapplication
filed
Researchpublication
send to editor
Patentapplicationpublished
Patent Office always publishes after 18 months
Paperpublished
Reviewer 1 Reviewer
2
EditorEditor
Author
Reviewer 3
Publisher
13
Basic research is also published in patent information!
1988
GMR discovered
1989
Patent + article published
1997
First hard drive with GMR sensor
2007
Nobel Prize in Physics
Many patents
Heavily cited patent!Approx. 200 citations
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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
http://ep.espacenet.com: free worldwide patent info
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The International Patent Classification (IPC) system helps to find the relevant patents
Arrangements or instruments for measuring magnetic variables
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
Thank you for your attention !
Noël [email protected]
Tel: +49 (0)89 2399 5420
European Patent Academyhttp://academy.epo.org
26 April 2009
