Anton Hutter European Patent Attorney Intellectual Property Rights

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Presentation transcript:

Anton Hutter European Patent Attorney Intellectual Property Rights Leicester’s Research Live – celebrating our success

Four types of IPR available Copyright - © - artistic, literary, musical works Trade Marks - ® - brand, logo, distinctive Designs – 2D/3D appearance Trade secrets - confidential information Patents – technical inventions Leicester’s Research Live – celebrating our success

IPRs are not mutually exclusive Leicester’s Research Live – celebrating our success

Patents Protect technical inventions A patent is an exclusive right allowing the owner to prevent third parties from doing certain things in respect of the claimed invention:- making using selling (offering to sell) importing keeping Patents last for 20 years from filing Patents are territorial Leicester’s Research Live – celebrating our success

Novelty Leicester’s Research Live – celebrating our success Invention must be novel when the patent application is filed Invention must not be “made available to the public”:- in any way in any language at any time anywhere by anyone Examples of public diclosures:- Academic paper Discussion with contemporaries (without NDA) Presentation or poster at a conference Publication of abstract on internet Sale of a product Non-confidential use of a product PhD Thesis (if no embargo) Leicester’s Research Live – celebrating our success

Inventive Step Invention must not be obvious over the ‘prior art’ ‘Prior art’ is everything that was in the public domain before the patent application was filed Inventive step is arguable:- Has an advantage? Solves a technical problem? Unexpected or surprising result? Not obvious to try? Overcoming a technical prejudice? Leicester’s Research Live – celebrating our success

Typical Filing Strategy Leicester’s Research Live – celebrating our success

Thank you for your attention ! Anton Hutter BSc MSc PhD CPA EPA Chartered & European Patent Attorney E: ahutter@vennershipley.co.uk Venner Shipley The Surrey Technology Centre The Surrey Research Park 40 Occam Road Guildford, Surrey GU2 7YG United Kingdom W: www.vennershipley.co.uk Leicester’s Research Live – celebrating our success