Das Europäische Patentamt
Download
Report
Transcript Das Europäische Patentamt
The European Patent Office
An introduction to the EPO and the European patent
system
Evangelia Spyropoulou
Brussels 13.03.13
12/03/13
Overview of intellectual property rights
Legal right
What for?
How?
Patents
New inventions
Application and
examination of
the application
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*
© The Coca-Cola
Company
Trade secrets
Valuable information
not known to the public
Reasonable efforts
to keep secret
Example: one mobile phone; several IP rights
Trade marks:
Made by "Nokia"
Product "N95"
Software "Symbian", "Java"
Patents:
Data-processing methods
Semiconductor circuits
Display
Trade secrets:
?
Copyrights:
Software code
Instruction manual
Ringtones
Designs (some of them registered):
overall shape of phone
arrangement of buttons in an oval configuration
three-dimensional waveform of buttons
© Nokia
What is a patent?
A patent is a legal title granting its holder
the right to prevent third parties from
exploiting an invention for commercial
purposes 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
Reveal
inventio
n
Get
exclusivit
y
What can be patented at the European Patent Office?
Inventions that are…
• new to the world (no previous public notice)
• inventive (i.e. not an "obvious" solution)
• susceptible of industrial application
NOT:
• Mere ideas not reduced to practice
• Software as such
•
(but algorithms that achieve technical results)
• Business methods
• Medical therapies, plant varieties, etc.
• …
See Articles 52 and 53 EPC in
http://www.epo.org/patents/law/legal-texts/epc.html
Patent requisites
What does a patent look like?
– Bibliographic information
Inventor, proprietor, date of filing, technology class, etc.
– Description
Summary of prior art (i.e. the known existing technology)
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
– Abstract
Around 150 words as a search aid for other patent applications
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
The first European patent
1980
The first European patent was
granted to German systems
manufacturer Scheidt &
Bachmann.
The invention related to a device
for the temporary storage of
coins for use in ticket machines.
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!
Important: Secrecy until the date of filing!
Beware of
•
•
•
•
Company Journal
Samples
Prototypes
Displays
•
•
•
•
•
Trade Fairs
"Open Door" events
Publicity
Visitors
etc...
38 member states
Albania • 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 • Serbia • 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:
Bosnia-Herzegovina • Montenegro
Autonomy
Second largest intergovernmental
institution in Europe
Not an EU institution
Self-financing, i.e. revenue
from fees covers operating
and capital expenditure
EPO Locations
The EPO has offices at
five different locations.
Its headquarters are in
Munich.
EPO Locations
Munich - Headquarters
Vienna
The Hague
Berlin
Brussels - Bureau
Highly skilled examiners
Top-level 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
European Inventor Award
2006 - 2012
The annual European Inventor Award is
organised by the EPO in co-operation
with the EU Council Presidency and the
European Commission. The award
recognises inventors and their groundbreaking inventions for their
contribution to society and the economy.
Laureates include Peter Grünberg,
subsequent winner of the Nobel Prize in
Physics, and Eric de Clerq, developer of
some of the original drugs against HIV.
Need more information?
www.epo.org
[email protected]
Tel. + 49 (0)89 2399 - 4636