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Www.techtransfer.ugent.be How to read a patent? Karen Curé.

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Presentation on theme: "Www.techtransfer.ugent.be How to read a patent? Karen Curé."— Presentation transcript:

1 How to read a patent? Karen Curé

2 Patent Application (A-doc) - After 18 months published - Search Report - English, French or German - Limited legal value

3 Granted patent (B-doc) - Takes 3 to 7 years - Shorter than application - Translated in local language - Strong legal value

4 Reasons to read a patent: - Scientific information - Prior Art - Company information - How to copy - Other players in the field - Are we free to produce / market?

5 Why do we read a patent? PRIOR ARTFREEDOM TO OPERATE Is our invention still new?Are we infringing? Consider the whole document (as any other publication) Consider the claims (description of the claims to interpret the claims) Legal status of the patent is not important Check legal status Check search report

6 1. Title page:Administrative data 2. Description:Scientific data 3. Claims:Juridical data Different parts of a patent

7 TITLE PAGE - Title (product, method, process, use) - Abstract (“secret molecule”) - Applicant: owner of the patent - Inventors - First filing date: priority date - Publication number - main drawing

8 INTRODUCTION Scientific information - Technical field - Background information - Situation of the technical problem - Description of the most relevant prior art

9 INVENTION New and inventive - Solving drawback of prior art - Inventive step: “Surprisingly” Most important advantages - other technical problems : “in a preferred embodiment...” - Drawings, grafics, examples Practical info First claim Other claims

10 DESCRIPTION (details of the invention) Explanation of the claims. “Reservoir” of technical information, needed for amending claims. No scientific value

11 THE CLAIMS Legal interpretation (no scientific relevance) Claims –Protection scope of different types of claims –Dependent and independent claims –Preamble + invention –Claim with different features –Difference between EP and US claims

12 INVENTION (example) Blue pigment in fish feed –Technical problem: To colour fish fee blue  not inventive Blue pigment is surprisingly an anti-oxidant  inventive

13 CLAIMS Fish feed with blue pigment Process for a fish feed with blue pigment Product Method Use Method to prevent oxidation in fish feed Use of blue pigment in fish feed to prevent oxidation

14 1. Feed for aquatic organisms characterised in that said feed comprises a blue pigment 2. feed according to claim 1, characterised in that said blue pigment is patent blue. 3. feed according to claim 1 or 2, characterised in that said feed comprises at least 50 mg/kg, preferably more than 100 mg/kg and most preferably more than 150 mg/kg of said blue pigment. 4. Method to prevent oxidation in fish feed characterised in that said fish feed comprises a blue pigment.

15 Feed for aquatic organisms, like fish and / or shrimp, wherein said feed comprises more than 50% lipids, of which said lipids comprises more than 30% highly unsaturated fatty acids characterised in that said feed contains a blue pigment. INVENTION Prior art

16 Feed for aquatic organisms characterised in that Said feed comprises : A. More than 50% lipids B. Vitamin C C. Blue pigment Infringement when: A+B+C or A+B+C+X No infringement when: A+B or A+C or B+C or A or B or C Infringement when: A+B+D when D is a logic equivalent for C

17 EP  US - Claim European model Feed according to claim 1or 2 characterised in that said feed comprises at least > 2% blue pigment, preferably > 10%, more preferably > 20% and most preferably > 35% American model Feed according to claim 1 wherein said feed comprises > 2% blue pigment Feed according to claim 1 wherein said feed comprises > 10% blue pigment Feed according to claim 1 wherein said feed comprises > 20% blue pigment Feed according to claim 1 wherein said feed comprises > 35% blue pigment AND / OR AND OR ± 15 claims± 50 claims

18 Search Report X- documentsNovelty 2 Y- documentsInventive step A documentsSame technical field Will the patent be ever granted? Literature review

19 Why do you read a patent? - Scientific document  Introduction + Invention - Company profile  Title page - To know the process  Examples - Copying  Examples + legal status (claims) + SR - To know competitors  Title page + invention + claim 1 - Freedom to operate  Legal status + claims (description)

20 PRIOR ARTFREEDOM TO OPERATE PUBLICATIONLEGAL DOCUMENT - Scientific document - Info competitors - Info processes, products - Market information - You want to copy - You are accused of infringement Legal status of the patent is not important Check legal status Check search report

21 - Where to get patent documents patent databases: - Espacenet: free - Delphion: UGent - more databases incorporated - downloading documents: easier - statistics, graphics - patent alert system


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