PATENT
Importance of the Technology • We are in “the Knowledge Century” • Live in “the Knowledge Society” • Governed by “the Knowledge Economy” • Technology fuels economic growth. • IP therefore has become a fundamental business asset in the new economy. • One of the important sources of innovative
IP • IP is the asset on which most firms are built. • IP is the asset on which high tech is built. • IP is for sure the asset on which biotech industry is built. • IP is integral to the innovation process.
Methods of IP protection • Copyright • Trademark • Patents • Industrial Designs • Trade secrets
Choice of IP Protection When protecting IP there are many decisions to be made: • Why to protect • How to protect • Where to protect The choice depends on: • Type of technology, and competitive environment • Economic life of the technology • Corporate strategy & philosophy
Patents: an incentive to innovation • A social contract between the inventor and the Government; or • A form of monopoly for a limited period of time intended to encourage disclosure of useful inventions. • Originally developed by Venetians to promote trade and commerce. • Patent system is structured to ensure the rapid and open dissemination of new
Patent Basics • Patents can protect ideas, not just expression of ideas • Not all ideas are patentable , subject matters an invention must be patentable • An invention must be novel and not obvious • It cannot be known or deduced directly from prior art • An invention must be useful –knowledge itself cannot be patented
Patent Applications • Patent rights do not arise automatically • Must obtain approval from a governmental patent examiner • Patent application process is costly, time consuming and requires skills • Patent subsist for a defined term and after that the invention falls into the public domain and may be freely used by anyone • Currently, Canadian, as well U.S. patents extend for a 20 years from the application filing date
Patent Pitfalls • Public disclosures • First-to-file versus first-to-invent • Premature disclosure of invention • Ownership disputes
Patent Searches • www.delphion.com • www.pl-xcom/index.php • www.uspto.gov/ • www.ep.espacenet.com