Caroline Coles Faculty of Business and Law De Montfort University © Creative Commons BY SA.

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Presentation transcript:

Caroline Coles Faculty of Business and Law De Montfort University © Creative Commons BY SA

Patents Registered and issued by the State; new inventions - how things work, what they do, how they do it, what they are made of and how they are made

Owners’ rights to prevent others from making, using, importing or selling the invention without permission 20 years, international context

International context National rights Principles of reciprocity and priority rights System of claims and specification under examination EPO provides examination assistance for signatory states

Your invention must Be new N.B. beware disclosure Have an inventive step that is not obvious to someone with knowledge and experience in the subject be capable of being made or used in some kind of industry

Application File to obtain a priority date or use priority gained from another filing in last 12 months Claim Specification with enabling disclosure Preliminary examination with search of prior art Substantial examination Publication “ the name of the game is the claim”

Your invention must not be a scientific discovery or theory a method of medical treatment or diagnosis works that might attract other intellectual property rights e.g. copyright for literary and artistic work some computer programs.

Further information European Patent Office UK Intellectual Property Office World Intellectual Property Office Database for patents Kirin-Amgen and others v Hoechst Marion Roussel Ltd (2005) RPC 9