Patents Amy Bilton Knowledge Transfer Officer

Overview What is a patent? How do patents relate to CERN’s mission? How do we patent?

Overview What is a patent? How do patents relate to CERN’s mission? How do we patent?

A patent is a negative Intellectual Property Right (IPR) ...it is intended to prevent others from using your invention Recognises the creator of an invention Prevents others from using the invention Enforceable by the law You do not require a patent to use your own invention. However, as an employee of an organisation you typically assign your ownership rights over to your employer. This means you will need to get a licence to use your own invention if you want to use it outside of the context of your normal work activities.

Characteristics of some IPR’s Patent Trademark Copyright Rationale Incentive to invent Public access to knowledge Avoid confusion about source of goods / services Protection of authors Subject-matter Inventions – solutions to technical problems Words Phrases Symbols Designs, Sounds Works of authorship, tangibly expressed. Criteria New Inventive Industrially applicable Capable of distinguishing goods/services Original work of authorship Duration 20 years Indefinite, subject to use Life + 70 yrs 70 yrs after publication

What can be patented? Inventions which are: Prior Art 1) New – not already in prior art 2) Inventive – not obvious to someone skilled in the art 3) Industrially applicable – solves a technical problem Date of Filing Prior Art

Patent A patent describes the concept of the invention – i.e. the solution to the technical problem. It does not protect the drawings or schematics (these would be protected by copyright). Schematics

What does a patent look like? Bibliographic Information Abstract Description Drawings Claims

Patents become published information https://worldwide.espacenet.com/

Patents become published information Look out for our course “Finding happiness in patent databases” (Autumn 2017, date TBD)

Overview What is a patent? How do patents relate to CERN’s mission? How do we patent?

Knowledge Dissemination ? Patents and CERN The right to prevent others from copying your invention Knowledge Dissemination ?

Licensing Patents and CERN The opportunity to enable others to copy your invention under agreed conditions Licensing

Overview What is a patent? How do patents relate to CERN’s mission? How do we patent?

The Patent System Patent Application Granted Patent Publication Applicant Patent System Patent Application Granted Patent Publication Society

Knoweldge Transfer (KT) Group How do we patent? Inventors Knoweldge Transfer (KT) Group Patent attorney Patent office(s)

How is a patent obtained ? Inventors Assessment & Search Assessment Review KT Patent Attorneys Novelty Search Drafting Filing Patent Office Date of Filing

How is a patent obtained ? Inventors Assessment & Response Assessment & Response KT Patent Attorneys Patent Office Search Examination Date of Filing Patent Granted

Patents and publications When can you publish without jeopardizing your patent application ?

Publish only after filing (typically) Inventors Assessment & Search Assessment Review KT Patent Attorneys Novelty Search Drafting Filing Patent Office Date of Filing

Patents cost money! 20 years Prosecution (approx. 3 – 5 years) Renewal Cumulative CHF for an application covering Europe, US and Japan Renewal fees (CHF) 0K 6K 7.5K 50K 60K +1K per country, per year until end date Search for commercial partners (licensing) Revenue

Using your know-how Not published (secret) Service / Consultancy License

How do we disseminate ? “Technology push” Patenting decision (yes/no) Disclosure Meeting Assessment Marketing Agreement Patenting decision (yes/no)

How do we disseminate ? “Market pull” Agreement Meeting Marketing External contact Technology Identification Meeting Agreement

CERN Patents filed in 2015/16 Continuously Transposed Conducting Cable Applications: Superconducting magnets (e.g. MRI) Superconducting generators and transformers (e.g. wind mills) Scintillator array with Depth of Interaction Information Applications: Positron Emission Tomography

Look out for our course “Finding happiness in patent databases” Any questions ? amy.bilton@cern.ch Look out for our course “Finding happiness in patent databases” (Autumn 2017, date TBD)