Why does IP matter at universities? "A EUROPEAN PERSPECTIVE" Istanbul, April 14-15 2011 Boğaziçi Üniversitesi Eray Kulak patent examiner, DG1,1522 European.

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Presentation transcript:

Why does IP matter at universities? "A EUROPEAN PERSPECTIVE" Istanbul, April Boğaziçi Üniversitesi Eray Kulak patent examiner, DG1,1522 European Patent Office, Berlin

38 EPC 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

* applications received by the EPO in Top 100 Patent Applicants of EPO* not a single university

The first patent system in Europe 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 ". Knowledge BaseHuman ResourceIndustry and Trade

written description oral descriptionany other way use “Knowledge” (Prior Art, State of the Art) Art. 54(2) EPC

Internet Approximately 80% of the information which can be found in patents is not available anywhere else 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! 90% of patent disclosures is free to use Espacenet Scientific Literature Patents Knowledge Base

A fictional person (a team for some advanced fields) posses all the common general knowledge of the art in question. acts as an ordinary practitioner who has at his disposal: –all prior art known to the date of filing. –normal means and capacity for routine work and experimentation. has a conservative attitude, does not enter unpredictable areas or take incalculable risks The skilled person in the art

full university degree (MSc or PhD) in physics, chemistry, engineering or natural sciences the degree should be relevant to the technical field of work applied an excellent knowledge of one official language (English, French and German) and the ability to understand the other two. European Patent Examiners

a scientific or technical qualification - for example, in biology, biochemistry, chemistry, electronics, pharmacology or physics. trained under the supervision of a professional representative or as an employee dealing with patent matters in an industrial company established in one of the contracting states. EQE exam implicit requirement: an excellent knowledge of one official language (English, French and German) and the ability to understand the other two. European Patent Attorneys

The value of European patents 3% of all patents, more than 50% of the overall value

EUR patent office fees* EUR patent attorney fees* EUR translations* Protection in (e.g.): Germany United Kingdom France Italy Spain Switzerland German patent European patent * Estimated cost. Actual cost depends very much on the specifics of the individual case. Cost of a European Patent

Trilateral Classification System: CPC Trilateral Co-operation since 1983: EPO, USA(USPTO), Japan(JPO) Current Classification Schemas: ECLA, USPC, FI&FT, IPC European Classification (ECLA), classification entries G: PHYSICS G06: COMPUTING; CALCULATING; COUNTING G06T: IMAGE DATA PROCESSING OR GENERATION G06T15: 3D Image Rendering G06T15/04: Texture Mapping Common Classification System CPC in 2013, first trilateral, as next IP5 China (SIPO), Korea (KIPO) > IP5: The world's five largest IP offices SIPO-2015: 9000 Examiners (EPO 4500); 2m application/year (EPO: 135k)

EU Patent EU Regulation, unified procedure (search, publication, examination) just like the EPC system Proposed EU Regulation on translation arrangements: language regime based on the 3 EPO languages (DE, EN, GB) supported by machine translation services in relation to other EU languages Final patent granted as a single right for all participating countries – just like the Community trade mark and design systems Litigation system through separate European and EU patents court (EEUPC) Agreement

Machine Translation: Today, patent applications are translated in one of the EPO's official languages and patent grants into the languages of all countries in which the patent applies: - expensive in comparison to Japan, China, USA - difficult to search in patents published in foreign languages - an important step for a single pan-European patent EPO will use Google's machine translation technology to translate patents into the languages of the 38 countries that it serves Google´s statistical machine translation: - detecting patterns in documents that have already been translated by human translators - the EPO will offer access to around 1.5 million documents, growing by more than new patent grants each year. Asian languages.

Eray Kulak patent examiner, DG1, 1522 European Patent Office, Berlin Thank you for your attention