Finding and Understanding Patents

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Presentation transcript:

Finding and Understanding Patents Jing.li@uts.edu.au lib.uts.edu.au utslibrary utslibrary

What is patent? “A patent is an exclusive right granted for an invention” – WIPO (World Intellectual Property Organisation) The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.

Why should I care about patent? Identify inventions protected by patents, in particular to avoid infringement and seek opportunities for licensing; Monitor activities of potential partners and competitors both within the country and abroad; Identify market niches or discover new trends in technology or product development at an early stage.

Where to find patents? European Patent Office (EPO)- Espacenet covers close to 100 million documents from 92 different countries, including complete backfiles from many (including non-European) countries. Google Patents includes 'Find Prior Art' option to search multiple sources (Patents, Books, Scholar, Web) and fine tune by inventor (people facet) as well as dates. More patent search tools

How to understand patent information Who: Inventor(s)- who invented the patent Applicant(s)- who holds the rights of exclusive use of a patent What: description of the claimed invention and related developments in the field of technology Why and how: list of claims indicating the scope of patent protection sought by the applicant

How to understand patent information When : Priority Date in Priority Number: the date when a patent application is firstly filed at a patent office. Once the patent is granted, the inventor will have the exclusive right to use his invention from the filing date. A standard patent lasts for up to 20 years. An innovation patent only lasts for up to eight years. Pharmaceutical patents can last up to 25 years. Legal status: grant, application, withdrawn, expired, abandoned, etc.

How to understand patent information Where : Patents are territorial rights, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted.  Country codes - in which countries the patent is protected. WO provides 30 months protection from priority date in 152 countries and states.