1 INTELECTUAL PROPERTY PATENTS. 2 A patent for an invention grants property rights of that invention to the inventor. It is issued by the Patent and Trademark.

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Presentation transcript:

1 INTELECTUAL PROPERTY PATENTS

2 A patent for an invention grants property rights of that invention to the inventor. It is issued by the Patent and Trademark Office. A patent gives the inventor the exclusive privilege of using a certain process or of making, using, and selling a specific product or device for a specified period of time. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States. WHAT IS A PATENT FOR AN INVENTION?

3 The first step in securing a patent is the filing of a patent application. The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. SECURING A PATENT

4 The application also contains various claims, that is, information which determines the extent of protection granted by the patent. Claims are attributes of novelty of the item for which a patent is sought. Claims define the boundaries of patent protection. PATENT CLAIMS

5 After you publish, present or otherwise publicly disclose your invention, you have one year from the first disclosure date to file a U.S. patent. After this anniversary has passed, you lose all U.S. patent rights. Prior art is relevant past technology that may be considered by the patent office in evaluating novelty and non-obviousness. If a patent application is filed in the U.S., anything that has been published, used in public, offered for sale or sold by anyone before the inventor(s) made the invention, or more than one year before the application is filed, becomes a part of the prior art for that application. The inventor's own publications made within a year prior to the filing of the patent application do not prevent the inventor from obtaining a U.S. patent. WHEN TO FILE A PATENT APPLICATION?

6 Typically, the cost of preparing (filing) a U.S. patent will be between $6,000 to $10,000 depending on the complexity of the application. Prosecution of the application (the process of shepherding the application thru various stages of the patent review process prior to issuance) will increase the total cost somewhere between $13,000 to $25,000. Foreign patents can be very expensive, often in excess of $100,000 for filing, depending on the country. WHAT DOES IT COST TO PATENT?

7 Patent applications may take anywhere from a few months to a few years. It is very common for an application to take at least two years to issue. International patent application must separate for each country or region and also take long time HOW LONG DOES IT TAKE FOR A PATENT TO ISSUE?

8 1. Preliminary search of existing patents: check library, internet e.g Finding the agent (should be a patent lawyer also specialized in the field of invention) 3. Lawyer conducts full search of existing patents 4. Filing a patent application which should contain: a clear and complete description of the invention and its usefulness; claims which define the boundaries of patent protection. STEPS TOWARDS PATENT PROTECTION strategis.ic.gc.ca/sc_mrksv/ cipo/patents/pat_gd_protect-e.html

9 SOFT OBSTETRIC FORCEPS

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12 SOFT OBSTETRIC FORCEPS CLAIMS The specific attributes of novelty of the item for which a patent is sought are called claims. Built -in safety factor Low, medium and high stiffness as needed, depending on the material used Disposable (no sterilization required) Optional serrations on the inside of blades

13 UMBILICAL CORD CLAMP

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19 … FOR EXAMPLE Patent Information KGK has a number of patent protected products that are available for licensing. Contact us for more information. Issued Patents Compositions and methods of treatment of neoplastic diseases and hypercholesterolemia with citrus limonoids and flavonoids and tocotrienols. (US#6,251,400 B1) Compositions and methods for the treatment of neoplastic diseases with combinations of limonoids. (US#6,239,114 B1) Compositions & methods for treating & reducing & preventing cardiovascular diseases & disorders with polymethoxyflavones (09/528,488). PATENTS IN OTHER FIELDS