The first account of a "patent system"
In the ancient Greek city of Sybaris (destroyed in 510 BC), leaders decreed:
"If a cook invents a delicious new dish, no other cook is to be permitted to
prepare that dish for one year.
During this time, only the inventor shall reap the commercial profits from his
dish. This will motivate others to work hard and compete in such
inventions."
Senate of Venice, 1474:
"Any person in this city who makes any new and ingenious
contrivance, not made heretofore in our dominion, shall, as
soon as it is perfected so that it can be used and exercised,
give notice of the same to our State Judicial Office, it being
forbidden up to 10 years for any other person in any
territory of ours to make a contrivance in the form and
resemblance thereof".
Today:
New to the world (Europe); up to 20 years of protection
Incentive to innovate
Incentive to share knowledge
(grant protection)
(publish the invention's details)
Optional
An early English patent issued in 1617
Optional
Examples of valuable intellectual property
Harry Potter
Coca-Cola®
Apple® iPod®
Instant camera
DNA copying process
What is a patent?
•
A patent is a legal title granting its holder
the right to prevent third parties from
commercially using an invention without
authorisation.
•
In return for this protection, the holder
has to disclose the invention to the
public.
•
Protection is granted:
– for a limited period, generally 20
years
– for a specific geographic area
Overview of intellectual property
Legal right
What for?
How?
Patents
New inventions
Application and
examination
Copyright
Original creative or
artistic forms
Exists
automatically
Trade marks
Distinctive identification
of products or services
Use and/or
registration
Registered
designs
External appearance
Registration*
Trade secrets
Valuable information
not known to the public
Reasonable efforts
to keep secret
Some IP found in a mobile phone
Trade marks:
• Made by "Nokia"
• Product "N95"
• Software "Symbian", "Java"
Patents:
• Data-processing methods
• Semiconductor circuits
• Chemical compounds
•…
Trade secrets:
?
Copyrights:
• Software code
• Instruction manual
• Ringtone
•…
Designs (some of them registered):
• Form of overall phone
• Arrangement of buttons in oval shape
• Three-dimensional wave form of buttons
•…
© Nokia
Optional
Filing rates at selected patent offices
Optional
Different Patent Procedures for Turkish Inventors
National with Examination (TPE)
National without Examination (TPE)
National Utility Model (TPE)
PCT Search (WIPO)-> National (TPE)
PCT Search (WIPO)-> PCT Examination (WIPO) -> National (TPE)
EPC (EPO) -> National (TPE)
..soon EPC (EPO) -> European Patent , but Turkey?
European Patent Office (EPO) & European Patent Convention (EPC)
Optional
European Patent Office
Our Mission:
As the patent office for Europe,
we support innovation, competitiveness
and economic growth across Europe
through a commitment to high quality
and efficient services delivered under
the European Patent Convention.
The European Patent Convention
 The European Patent Convention (EPC)
– provides the legal framework for the granting of European patents
via a centralised procedure
– establishes the European Patent Organisation
 1973 – Diplomatic Conference in Munich ► signature of the EPC by 16
countries
 1977 – Entry into force of the EPC in 7 countries -
marked as follows
Structure of the European Patent Organisation
European Patent Organisation
European Patent Office
Administrative Council
The executive body
The legislative body
 responsible for
examining European
patent applications
 made up of delegates
from the member states
 supervises the activities
of the Office
 has a specific legislative
function
36 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 •
San Marino • 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: July 2009
Autonomy
• Second largest intergovernmental
institution in Europe
• Not an EU institution
• Self-financing, i.e. revenue
from fees covers operating
and capital expenditure
Number of staff
Munich
3 629
The Hague
2 659
Berlin
276
Vienna
117
Brussels
Total
Status: December 2008
4
6 685
Around 60% are
patent examiners
Staff from 32 different countries
Locations
The EPO has offices at
five different locations.
Its headquarters are in
Munich.
Munich
•
•
•
•
•
•
Patent grant procedure
Appeals
Quality management
Administration
Legal services
International affairs
The Hague




Patent grant procedure
Information management
Administration
Legal services
Berlin
 Patent grant procedure
 Administration
Vienna
 Patent information
 Administration
 European affairs
Brussels
• Relations with the European
institutions and other
organisations/associations
Our role in the European patent system
•
We provide patent protection in up to 39 European countries based on
a single application in one of the three official languages (German, English,
French)
European patent applications can be filed:
– direct with the EPO
– via the national patent offices of the contracting states
– based on an international (PCT) application
•
We are also responsible for
– limitation and revocation proceedings by patentees
– opposition proceedings by third parties
– appeal proceedings before the Boards of Appeal
Our role in the international (PCT) system
•
We process international patent
applications
– we act as a receiving office for
international applications (PCT)
– we carry out international search
and preliminary examination
procedures
Other services
•
Free patent information services
– online access to all European patent documents (updated weekly)
– simple online searches in our database of over 60 million patent
applications
– helpdesk staffed by experts on the Japanese, Chinese and Korean
patent systems
•
Training
– conferences
– workshops and seminars
– e-learning
Four key ingredients
Highly skilled
examiners
Rigorous controls and
commitment to improvement
Quality
Comprehensive
search documentation
Thorough and
consistent procedures
High skilled examiners
•
MSc-PhD engineers and scientists
– high degree of technical expertise
– knowledge of the EPO's three official languages
•
Training during first two years
– extensive legal and procedural training
– individual coaching by experienced examiners
•
Continuing professional development throughout career
Comprehensive search documentation
•
World's largest collection of patent and non-patent literature documents,
containing more than 400 million records in over 100 databases and
updated daily
•
Online access to more than 6 000 journals via the EPO Virtual Library
•
New tools and services such as machine translation to extend the range
of easily accessible information
•
Ongoing efforts to improve the scope and quality of our documentation
Rigorous controls and commitment to improvement
•
Up-to-date guidelines and instructions for examiners
•
Spot-checks on search reports and patent quality
•
Internal quality audits
Thorough and consistent procedures
•
Single procedure
– the European Patent Convention provides the legal framework for the
granting of European patents
•
Systematic approach
– each application is examined by a division of three technically
qualified examiners
•
Review processes
– each opposition is examined by three technically qualified examiners,
at least two of whom will not have been involved in the grant
proceedings
for the patent
– appeals heard by independent second-instance judiciary (Boards of
Appeal)
What does a patent look like?
• Bibliographic information
– Inventor, proprietor, date of filing, technology class, etc.
• Abstract
– Around 150 words as a search aid for other patent applications
• Description
– Summary of prior art (i.e. the technology known to exist)
– The problem that the invention is supposed to solve
– An explanation and at least one way of carrying out the invention
• Claims
– Define the extent of patent protection
• Drawings
– Illustrate the claims and description
Structure of the description
• 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
Where to apply for a patent
• National patent offices
– National patent valid only in the country where it is granted
– Non-residents can also apply for a patent
– One year of "priority" for subsequent applications
• European Patent Office
– A European patent is equivalent to national patents in the countries where
it is granted (the applicant chooses the countries)
• Via the Patent Cooperation Treaty
– Just one application for up to 141 countries
– After the initial application phase, the international application leads to
multiple national patent examination procedures
– Decisions with cost implications can be delayed until 30-31 months after
filing (e.g. choice of countries to file in)
• There is no such thing as an international patent!
What is patentable (EPC)?
•
To be patentable, an invention must:
– have a technical character (e.g. comprise a product, process or
apparatus)
– be new
– involve an inventive step
– be industrially applicable
•
Some innovations are not patentable under the EPC:
– for example, mathematical methods or formulae, computer programs
and business methods are as such not regarded as inventions
– new plant or animal varieties and inventions whose commercial
exploitation would be contrary to "ordre public" or morality (e.g. the
cloning of human life) are examples of inventions excluded from
patentability
Optional
The patent procedure at the EPO
Application
Search
report
Publication
of application
Publication
of grant
18 months
Withdraw?
Approx. 4-5 years
9 months
Opposition
period
expires
Overview of European patent grant procedure (I)
Applicant
EPO
European
patent
application
Filing and
formalities
examination
Search and search
report together
with preliminary
opinion on patentability
Refusal or
withdrawal
of application
Validation in
designated
states
Substantive
examination
Grant of
European
patent
Publication of application and search report
Public
domain
Online access to application file and
legal status information
Observations by third parties possible
Publication
of patent
specification
Overview of European patent grant procedure (II)
Applicant
EPO
Refusal of
application
Substantive
examination
Grant of
European
patent
Limitation or
revocation
proceedings
Opposition
proceedings
Public
domain
Opposition by
third parties
possible
Appeal
proceedings
Oppositions in 2008
Oppositions were filed against 5% of granted European patents.
Over one third of all opposed patents were revoked.
Cost of a national patent application: Germany
Patent granted!
Patent
Invention attorney
EUR 1 000
to EUR 4 000
Apply for
Annual fees
patent
4
Examination Year 3
EUR 60
EUR 350
5
EUR 70 EUR 70 EUR 90
Total: EUR 1 700 - EUR 5 100
(depending on complexity of patent and extent of applicant's preparation!
Cost of a European patent up to grant
Protection in (e.g.):
EUR 3 000 translations*
Germany
United Kingdom
France
Italy
Spain
Switzerland
EUR 10 000 patent attorney fees*
EUR 5 000 patent office fees*
German
patent
European
patent
* Estimated cost. Actual cost depends very much on the specifics of the individual case.
How patents are used
• Protecting products and processes
– Increasing turnover and profits
– Attracting investors
• Licensing
• Cross-licensing
• Blocking competitors
• Building reputation
• …
• Not used
Optional
Licensing income of US universities
Source: AUTM US licensing survey 2004
Optional
Share of patents, %
The value of European patents
Patent value
Optional
Share of patent value classes in total portfolio value
Just 3% of
all patents!
Just 10% of
all patents!
Technical fields with the most filings (2008) - EPO
17 006
Medical or veterinary science; hygiene
14 842
Electric communication technique
9 520
Computing
8 901
Basic electric elements
8 206
Measuring; testing
8 016
Organic chemistry
4 513
Vehicles in general
Organic macromolecular compounds
4 001
Biochemistry; genetic engineering
3 953
Engineering elements
3 867
63 736
Others
0
Number of applications
High-growth technical fields (at least 500 applications filed in 2008)
35.3
Heating; ventilating
32.8
Aircraft; aviation; cosmonautics
25.0
Lighting
Cements; concrete; artificial stone; ceramics;
refractories
20.4
18.3
Petroleum, gas or coke industries
17.3
Electric power generation, distribution
Signalling
Doors, windows, shutters, blinds
Agriculture; forestry; animal husbandry; hunting;
fishing
Earth or rock drilling, mining
15.9
14.9
14.0
13.2
% growth in number of applications
2008 vs. 2007
1 074
522
655
532
737
2 365
735
502
2 109
539
Number of
applications
in 2008
Leading applicants and patentees in 2008
Applications
Granted European patents
2 857
Philips
1 863
Siemens
Robert Bosch
Siemens
Samsung
1 677
Samsung
BASF
1 664
Panasonic
1 425
Robert Bosch
1 134
Ericsson
LG Electronics
1 108
Canon
Panasonic
1 104
BASF
981
869
Toyota
658
622
602
Philips
Qualcomm
NXP
941
548
478
449
410
Hitachi
369
Mitsubishi
361
Sony
802
Alcatel Lucent
356
Honeywell
791
Sony
342
Hitachi
741
Nokia
330
IBM
720
Fujitsu
329
Bayer
697
Honda
325
0
Applications filed
63 013
Direct European filings
62 755
83 548
Euro-PCT applications
entering the
regional phase
78 684
0
90 000
2007
2008
Applications by residence of applicant (2008) - EPO
1995-2008 : All patents in the market – competitors in Turkey
8000
7000
6000
5000
4000
3000
2000
1000
0
TR AT AU BE BG CA CH CN CZ DE DK EE ES FI FR GB GR HU IE IL IN IT JP KK KR LI LU MC NL NO PT SE SI SK US
TPE ARACILIGIYLA YAPILAN PATENT BAŞVURULARININ YILLARA GÖRE DAĞILIMI
Yıl
Yabancı
Yerli
TPE
PCT
EPC
Toplam
TPE
PCT
EPC
Toplam
1995
170
0
0
170
1520
0
0
1520
1996
189
0
0
189
687
26
0
713
1997
202
1
0
203
598
730
0
1328
1998
201
6
0
207
596
1680
0
2276
1999
265
11
0
276
524
2220
0
2744
2000
258
19
0
277
442
2714
0
3156
2001
298
39
0
337
119
2756
2
2877
2002
387
27
0
414
88
1335
37
1460
2003
454
35
1
490
43
305
314
662
2004
633
49
3
685
68
167
1342
1577
2005
895
33
7
935
75
143
2308
2526
2006
979
93
18
1090
71
89
3915
4075
2007
1747
60
31
1838
71
139
4141
4351
2008
2159
69
40
2268
68
107
4694
4869
Optional
Patent management
• Patent strategy
– Offensive/defensive
– Internationalisation
– Kind of exploitation: licensing or own use
• Patent information
– Keep abreast of technology
– Avoid infringing patents
– Understand the competitive landscape
• Communication
– Compile convincing evidence that your patents are valuable
– Inform investors and banks, clients and prospective employees
• Maintenance
– Pay renewal fees, observe deadlines
– Strengthen important patents and get rid of ones with no value
What not to do when considering filing a patent application
• No publication prior to filing
e.g. no article, press release, conference
presentation/poster/proceedings or blog entry
• No sale of products incorporating the invention prior to
filing
• No lecture or presentation prior to filing
except under a non-disclosure agreement (NDA)
• Seek professional advice soon!
• File before others do!
25% of all R&D efforts ...
… are wasted each year on inventions that have already been invented.
Don't start your R&D until you have done a search!
Solutions found in patent documents
90%
Free to use
You can find many great solutions for free!
10%
Protected
Searching for patents can be easy ...
Free worldwide patent information is available at http://ep.espacenet.com
… but some basic knowledge is needed!
Beware of "naïve" keyword searches such as ...
Spring
"Energy storing means"
This kind of "jargon" is often used to broaden the scope of the patent ...
Transistor
"Semiconductor switching
device with a control electrode"
Sometimes, the applicant simply doesn't want his patent to be found …
Toy ball
"Spherical object with floppy
filaments"
how to search for patents:
www.epo.org/wbt/pi-tour
www.epo.org/patents/learning/e-learning.html
. You are frequently cited,..
. Tübitak pays it for you,..
. If the inventor is from University, ...
. We can reach all publications in all languages,..
. PhD students, IP before thesis,..
. Engineering & Intellectual Property Law : not lawyers as attorneys,...
. English, German, French, Japanese, Chinese,..
. Literature Survey & Patent Coverage Survey,..
. Patent also for licensing with a strategy with professional help,..
Need more information?
www.epo.org
[email protected]
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Introduction to Patents - Core Patent Teaching Kit