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8/7/2019 OTN - Mining the Patent System to Improve Research and Its Commercialization [M. Spence]
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Mining the patent system to
improve research and its
commercialization
Malcolm SpenceSenior Coordinator, Intellectual Property, Science
& Technology Issues
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Patents what is the real deal?
The International Patent Classification System
Patent information where to find what? Patent mapping finding a research niche
Inventions who might be interested?
Thinking beyond patents
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Make a patent search a
compulsory part of everyscience projects literature
survey
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To be patentable, research resultneeds to:
1. Be novel; AND2. Include an inventive step (called
by some non-obviousness); AND
3. Have a technical effect (called bysome industrial applicability)
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Granted the legal right to exclude
others from using invention
providing that full disclosure of the
invention is made.
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35 U.S.C. 112:
a written description of the invention, andof the manner and process of making and
using it, in such full, clear, concise, andexact terms as to enable any person skilledin the art to which it pertains, or with whichit is most nearly connected, to make and
use the same, and shall set forth the bestmode contemplated by the inventor ofcarrying out his invention
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The Anatomy of a Patent
Administrative information
- Inventors name and nationality
- Assignees name- Classification code for the invention
- Priority date claiming novelty
- Prior art references
- Abstract of invention
- Date of Grant
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The Anatomy of a Patent
The Specification
- The problem being addressed- The current state of the art
- Summary of the invention
- Detailed description (drawings)
- Claims
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Each Patent Office determined novelty and
inventiveness by examining each application
against
the state of the art their collection
of patents and other published
documents (like journals)
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Globalisation each office had to re-classify
each others patents, so negotiated an
International Patent Classification, the
Strasbourg Agreement of 1971 as amended in
1979 administered by the United Nations
Specialised Agency for intellectual property,
the World Intellectual Property Organisation
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WIPO
http://www.wipo.int/
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Version 2009
Guide
Objectives; History; Reform;
Assistance in its use
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Sections
[Sub-sections]
Classes
Sub-classes
Groups
Sub-groups
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A HUMAN NECESSITIES
B PERFORMING OPERATIONS;
TRANSPORTING
C CHEMISTRY; METALLURGY
D TEXTILES; PAPERE FIXED CONSTRUCTIONS
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F MECHANICAL ENGINEERING;
LIGHTING; HEATING; WEAPONS;
BLASTING
G PHYSICS
H ELECTRICITY
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Section A HUMAN NECESSITIES
Agriculture
Foodstuffs; Tobacco
Personal or Domestic Articles
Health; Amusement
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G01N33/483 Physical analysis of biological material
33/487 of liquid biological material33/49 blood
33/50 Chemical analysis of biological material
e.g. blood
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H01S3/00 Lasers
3/09 Processes or apparatus for excitation,e.g. pumping
3/091 by optical pumping
3/094 by coherent light
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Section: H ELECTRICITY
Class: H01 BASIC ELECTRIC ELEMENTS
Subclass: H01F MAGNETS
Main group: H01F 1/00 Magnets or magnetic bodies
characterised by the magnetic materials therefor
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Group H01F 1/053 actually concerns
magnets of inorganic materials characterised
by their coercivity, comprising hard magneticalloys specifically containing rare earth
metals.
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http://www.wipo.int/wipogold/en/
http://www.epo.org/patents/patent-information/free.html
http://www.uspto.gov/patents/process/search/
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Thomson Reuters
MicroPatent
http://www.micropatent.com/static/index.htm
Aureka
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Patents what is the real deal?
The International Patent Classification System
Patent information where to find what?
Patent mapping finding a research niche
Inventions who might be interested?
Thinking beyond patents
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ipCapital Group
Intellectual property strategy advisors
http://www.ipcg.com/?file=Patent_Maps
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The Anatomy of a Patent
Administrative information
- Inventors name and nationality
- Assignees name- Classification code for the invention
- Priority date claiming novelty
- Prior art references
- Abstract of invention
- Date of Grant
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Patents what is the real deal?
The International Patent Classification System
Patent information where to find what?
Patent mapping finding a research niche
Inventions who might be interested?
Thinking beyond patents
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Licensing Executives Society
International
http://www.lesi.org/Article/Home.html
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Duration of Patent:
Twenty (20) years from Priority Date
Duration of Trademark:
Ten (10) years from Priority Date BUTrenewable indefinitely
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Protection of New Plant Varieties
UPOV
(Plant Breeders Rights)
Trees, vines and shrubs
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Duration of Copyright:
Fifty (50) to Seventy (70) years from publication
(manuals containing know-how)
Duration of Trade Secrets:
Indefinite (as long as you can show itscommercial value and that you make efforts to
keep it secret)
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Please visit our Website:
http://www.crnm.org
Email:
[email protected]@crnm.org
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