A Presentation to Food Matters Live

What can patents do for you? 23 November 2016

©

Trade Marks Design Rights

Copyright

Patents

Trade Secrets

Overlapping subject matter

Intellectual Property Rights - Patents

•What is a patent?

•Why does the government provide patent protection?

•Why do we pursue patent protection?

Patents

Invention spotting

Patents are granted for inventions that have:

1. Novelty Must be new over prior art.

2. Inventive step / non-obvious Must not be obvious to a skilled person in the light of prior art + common general knowledge.

3. Industrial applicability

Patents

New composition of matter or apparatus New uses, including medical uses

New methods or processes

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What can be claimed in a patent?

Discovery of natural

phenomena

Theory

Mathematical concepts

Surgery or methods of diagnosis

on the human body Involves destruction

of human embryo

Examples…

Business methods*

Presentation of

information

Software

Aesthetic/literary creations

What is not patentable

DE

GB

FR

ES IT

Priority application filed

12 months

International patent application (PCT)

Priority filing date

Application filing date

US

CA

AU

JP

EP

Regional/national phase entry

(30/31 months)

18 month publication date

Divisionals

/continuations

The patent process

Keep secret Publish File patent app.

8

Advantages

Disadvantages

• Potential to block others

• Can be out-licenced / cross-licenced

• Raises company profile

• Uncertainty for competitor whilst pending

• Increases knowledge across industry

• Public knowledge (>18m)

• No protection if not granted

• Weak protection if not detectable or too narrow

• Others may work around

• Costs of filing/prosecution/ maintenance

• Increases knowledge across industry

• Does not teach competitors = efficiency/cost/capability advantage for company

• Does not help competitors stand on our shoulders (further develop ahead of us).

• Difficult to keep secret (people move, people talk)

• Once out, no protection (unless grace periods used)

• Others may develop independently

• Others may file patent

• Low profile for company science

• Prevents others from patenting

• Raises company profile

• Increase knowledge across industry

• Increases knowledge across industry

• Prevents patenting

• May be revealing a step towards the next big invention you want to patent (obviousness)

Decision to file a patent application

Infringing third party patents

We found a patent – PANIC or DON’T PANIC!

• Patent Infringement is an entirely separate

concept to your own patentability

• Freedom to operate and patent landscaping

What to do?

• Fact/context specific • Depends on timing • Depends on attitude to risk/business model

Summary

10

• Patents are important

• Patent protection is a complex process but we

are here to help

• Data is important

• Timing is important

• Spot opportunities to patent

• Don’t worry (too much) about 3rd party patents

Any questions?