12/03/13 The European Patent Office An introduction to the EPO and the European patent system Evangelia Spyropoulou Brussels

Overview of intellectual property rights Legal rightWhat for?How? Copyright Original creative or artistic forms Trade marks Distinctive identification of products or services Use and/or registration Registered designs Registration* PatentsNew inventions Application and examination of the application Exists automatically Trade secrets External appearance Valuable information not known to the public Reasonable efforts to keep secret © The Coca-Cola Company

Example: one mobile phone; several IP rights Trade marks:  Made by "Nokia"  Product "N95"  Software "Symbian", "Java" Patents:  Data-processing methods  Semiconductor circuits  Display Copyrights:  Software code  Instruction manual  Ringtones Trade secrets: ? Designs (some of them registered):  overall shape of phone  arrangement of buttons in an oval configuration  three-dimensional waveform of buttons © Nokia

What is a patent?  A patent is a legal title granting its holder the right to prevent third parties from exploiting an invention for commercial purposes without authorisation  In return for this protection, the holder has to disclose the invention to the public  Protection is granted: for a limited period, generally 20 years for a specific geographic area Reveal inventio n Get exclusivit y

What can be patented at the European Patent Office? Inventions that are… new to the world (no previous public notice) inventive (i.e. not an "obvious" solution) susceptible of industrial application NOT: Mere ideas not reduced to practice Software as such (but algorithms that achieve technical results) Business methods Medical therapies, plant varieties, etc. … See Articles 52 and 53 EPC in

Patent requisites  What does a patent look like? –Bibliographic information  Inventor, proprietor, date of filing, technology class, etc. –Description  Summary of prior art (i.e. the known existing technology)  The problem that the invention is supposed to solve  An explanation and at least one way of carrying out the invention –Claims  Define the extent of patent protection –Drawings  Illustrate the claims and description –Abstract  Around 150 words as a search aid for other patent applications

Structure of the description  Prior art Teapot with one spout  Drawback of prior art Time-consuming  Problem to solve Reduce filling time  Solution Provide a second spout  Advantage of the invention The time needed to fill multiple cups is reduced

1980 The first European patent was granted to German systems manufacturer Scheidt & Bachmann. The invention related to a device for the temporary storage of coins for use in ticket machines. The first European patent

What not to do when considering filing a patent application No publication prior to filing e.g. no article, press release, conference presentation/poster/proceedings or blog entry No sale of products incorporating the invention prior to filing No lecture or presentation prior to filing except under a non-disclosure agreement (NDA) Seek professional advice soon! File before others do! NDA

Important: Secrecy until the date of filing! Company Journal Samples Prototypes Displays Trade Fairs "Open Door" events Publicity Visitors etc... Beware of

38 member states European patent applications and patents can also be extended at the applicant's request to the following states: Bosnia-Herzegovina Montenegro Albania Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Former Yugoslav Republic of Macedonia Malta Monaco Netherlands Norway Poland Portugal Romania San Marino Serbia Slovakia Slovenia Spain Sweden Switzerland Turkey United Kingdom

Autonomy  Second largest intergovernmental institution in Europe  Not an EU institution  Self-financing, i.e. revenue from fees covers operating and capital expenditure

EPO Locations The EPO has offices at five different locations. Its headquarters are in Munich.

The Hague ViennaBerlin Munich - Headquarters Brussels - Bureau EPO Locations

Highly skilled examiners  Top-level engineers and scientists high degree of technical expertise knowledge of the EPO's three official languages  Training during first two years extensive legal and procedural training individual coaching by experienced examiners  Continuing professional development throughout career

European Inventor Award The annual European Inventor Award is organised by the EPO in co-operation with the EU Council Presidency and the European Commission. The award recognises inventors and their ground- breaking inventions for their contribution to society and the economy. Laureates include Peter Grünberg, subsequent winner of the Nobel Prize in Physics, and Eric de Clerq, developer of some of the original drugs against HIV.

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