The Importance and Role of Patent Information Jerusalem 21 June 2010 Andrew Czajkowski Head, Innovation and Technology Support Section

Overview Role of the international patent system Which information can be obtained from a patent? How can we use this information? Examples of using patent information

The Patent System Encourages innovation and consequently economic growth by: rewarding investments made in developing a new invention  protection publishing and making known technical information of a new invention  disclosure

Nature of patent information Patent protection is territorial in nature Patent information is global Patent protection is limited by claims in scope Patent information includes all information contained in patent documents

Nature of patent information (cont’d) Patent protection is time-limited Patent information remains permanently available Patent protection gives patent owners a right to prevent others from carrying out the invention (manufacturing or marketing) Patents do not prevent others from learning from the invention

Patents : A unique source of information About two-thirds of the technical information revealed in patents is never published elsewhere Over 70 million patent documents have been published to date Patent documents provide various types of information in a highly standardized format

Bibliographic data Classification Publication number Application number Publication date Filing date Priority date Applicant Inventor Designated states

Description (specification) Describes how the invention works (addresses a particular technical problem) Provides background information on this problem Indicates other known solutions to the problem

Claims Define the scope of protection sought by the applicant

New Technical Information Worldwide Source: WIPO Statistical Database (patent families); World Bank, World Development Indicators (journals)

Patent information: New opportunities! Many patent collections are now available online in digital format Search services and tools have made the exploitation of this information simpler and more cost-effective Many search services and tools are available for free!  Opportunities exist to open patent information to new constituencies

Uses and users of patent information Uses Legal Technical Business Policy Users Individual inventors Small and medium enterprises (SMEs) Industry Research institutions Academia Patent attorneys and many others…

Use of patent information : Legal To determine the validity of existing patents and which technologies belong to the public domain Valid patents: licensing or buying the knowledge to use it avoids R&D costs creates new “tradable goods” (intangible assets) Public domain “good”: legal use of non granted or expired patents avoids R&D costs no need to licence or buy technology

Patent information and the public domain Technology disclosed in a patent document may be in the public domain if: The patent application has not been filed in a given country The patent has not been granted The patent term has expired, or the patent has not been renewed The disclosed information is not covered by the claims

Example : Pharmaceutical technology 127,522 international patent applications (PCT) 6% of that number in Israel Significant freedom to operate?

Example : Wind power Rapidly growing source of renewable energy Possibilities for small-scale distributed generation of power

Wind power : Accessing patent information Search in technical information  classification : F03D (“wind motors”)

Wind power : Record

Wind power : National phase entries

Wind power : Legal status (CA)

Wind power : Legal status (AU)

Uses of patent information : Legal (cont’d) Avoid patent infringement and possible litigation Determine the patentability of your inventions Draft strong patent applications

Uses of patent information : Technical Target research resources more effectively (avoid “reinventing the wheel”) Stimulus for further innovation “leap-frogging” of known technology to lead to new inventions suggest possible alternative solutions solve comparable problems in other technical fields

Uses of patent information : Technical Develop new solutions to technical challenges faced in the country, or adapt existing technologies to suit local conditions Technical information must be sufficiently clear and comprehensive to be carried out by a typical expert in the field of technology (“a person having ordinary skill in the art”)

Example : Vaccines for poliovirus Though largely eradicated, polio remains an issue in many countries around the world

Vaccines against poliovirus : Accessing patent information Search in technical information  classification : A61K 39/13 (“Medicinal preparations containing antigens or antibodies – Poliovirus”)

Vaccines against poliovirus : Record

Vaccines against poliovirus : Documents

Vaccines against poliovirus : Technical data

Uses of patent information : Business and policy Track research activities of competitors Identify opportunity for licensing and joint ventures with potential partners Review trends in specific areas of technology

Wind power : Accessing patent information Search in technical information  classification : F03D (“wind motors”)

Wind power : Results clustering

Wind power : Filing trends How is this technology evolving over time?

Wind power : Offices of filing In which countries are applicants filing applications?

Wind power : Activity index In which field of technology is the patenting activity in a country concentrated?  Positive values mean relatively high share of patent applications in that technology Source : WIPO, Patent-based Technology Analysis Report – Alternative Energy Technology

Wind power : Top applicants Who is particularly active in this field of technology? From whom can I seek licenses, or with whom can I negotiate partnerships?

Wind power : Filing trends How is the patenting activity of these top applicants evolving over time?

Example : Apple Computer Search in applicant data  applicant name : Apple Computer

Apple Computer : Patent application PCT application : WO 2006/ (“Gestures for Touch-Sensitive Input Devices”) Published : February 2006

Apple Computer : Product Apple Computer’s iPhone Released : January 2007

Example : W.L. Gore & Associates Search in applicant data  applicant name : W.L. Gore & Associates and Gore Enterprise Holdings

W.L. Gore & Associates : Changing research orientation W.L. Gore ( ) : Focus on materials and related technologies

W.L. Gore & Associates : Changing research orientation (cont’d) W.L. Gore ( ): Focus on medical technologies

Summary : Key points The patent system serves two major functions: protection and disclosure (information) Patent documents constitute a valuable source of legal, technical, business, and policy-related information

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