Basse Asplund, M Sc, Ph D Patent Attorney and Partner Stockholm, Uppsala, Göteborg och Lund

Value of good IPR The brand DYNAPAC – estimated value 1.9 billion SEK Pernod paid Vin & Sprit 55 billion SEK of which billions for the name ABSOLUT Cheap Monday ca 500 million SEK Nextlink has according to Avanza.se estimated value of 390 MSEK of which 210MSEK is IPR According to a study in World Growth, IPR constitute 2/3 of the value of the company in USA

An agreement between Society – Inventor -Inventor gets a monopoly -Society may publish the invention tech. develop. A right to stop others from using your invention -for 20 years What is a patent?

The monopoly Stop others from: Producing Selling, marketing or licensing Import Exceptions Non-professionals Research Prior right

Patent – a national right Have to be applied in (almost) each country National representative required Translation of the patent National law and rules

Priority and PCT Paris Convention Right to claim priority within 12 months  The priority date is the filing date Time to develop and decide PCT (Patent Coperation Treaty) One authority designates ”all” countries Post pone the major costs

Time line Novelty search Filing Opinion PRV, 6-7 mon 12 mon 18 mon Publication International Application National application Search rep, Ca 15 mon Opinion, Ca 27 mon Argumentation Grant/reject x mån Opposition < x+9 mon

What can be protected Products Methods of using or producing Using the product A new use for a known product Computer programs that controls something Also diagnostic procedures, genemodified plants and animals, cosmetic surgical procedures and methods of doing business

Who is an inventor Contributing with ideas, development, conclusions - inventor Analysis or synthesis on demand, financial contribution, material contribution – not an inventor Co-author ≠ co-inventor Wrong inventors causes problems = expensive Have signed agreements Who are the inventors What obligations does everyone have What happens if…

Criteria Novelty International Objective Inventive step Should be substantially different from prior art Subjective Industrial applicable Rarely an issue – perpetuum mobile

Content of an application Description Claims Abstract (Drawings) (Sequence list)

Description Shall allow a person skilled in the art to use the invention. Should contain Background of the invention Summary of the invention Description of drawings Detailed description of the invention Examples/Experiments

Claims The claims are the most important part – they define the scope of protection They have to comprise any essential features. It is important that the claims define the invention and covers the end product! Claims are interpreted in the light of the description.

What might be inventive? Prior art Document 1 An aqueous composition comprising substance B and C Use of the composition for reducing friction Document 2 Substance D A drug comprising D and optionally C Might these inventions be inventive? A pharmaceutical composition comprising B and C for treating disease X An aqueous composition comprising wt% of B and at least 60 wt% C.

Prior art Document 1 A method of preparing compound A comprising: Mixing substance B and substance C Heating the mixture to at least 80°C, and Isolating the obtained compound A. Document 1 does not mention any catalyst Document 2 Describes the use of Pd/C catalyst for the generic group AA in which A is a part of A method of producing compound A by the use of Pd/C catalyst in combination with Raney nickel comprising: Mixing substance B and substance C Heating the mixture to at least 80°C, and Isolating the obtained compound A

Language is important Comprises vs Consisting of An aqueous solution comprising sodium chloride and potassium bromide. An aqueous solution consisting of sodium chloride and potassium bromide.

Language is important Clarity

Prepare claims You have developed a new drug for treating cancer. The drug comprises an pharmaceutically active compound A and a binding agent B. In order for the drug to be effective the compound A have to be present in a concentration of at least 10 weight%. The effect of the drug is the best if the amount is weight%. The optimal composition comprises 20-30weight% of compound A, at least 10 weight% of a compound C and a binding agent B. The drug is produced by adding compound A to the binding agent B during stirring and heating.

Suggested claims Claim 1. A drug comprising a pharmaceutically active compound A and a binding agent B, wherein the concentration of compound A is at least 10 weight%. Claim 2. The drug according to claim 1 wherein the concentration of A is 20-30weight%. Claim 3. The drug according to claim 2 wherein the drug further comprises a compound C at a concentration of at least 10weight%. Claim 4. Use of the drug according to any one of claims 1 to 3 for treating cancer. Claim 5. A method of producing the drug according to any one of claims 1 to 3 comprising adding compound A to compound B during stirring and heating.

Prepare claims You have developed a new active compound A. It can be used in drugs for treating pain or for treating high blood pressure. No body have described the compound A before. The drug comprises compound A and a binding agent B. The compound A may also be bound to a surface metallic implant which have shown to improve the healing procedure.

Suggested claims Claim 1. A pharmaceutically active compound A. Claim 2. A drug comprising the compound according to claim 1 and a binding agent B. Claim 3. A metallic implant comprising the compound according to claim 1 wherein the compound has been bound to the surface of the metallic implant. Claim 4. Use of the drug for treating pain or high blood pressure.

Summary Stop others from using your innovation Increase the value of your company Attract investors The patent should protect your product Do not patent things that will not generate an income Think before you submit your article – patent application