Importance of IP for researchers Noël Campling, Director European Patent Academy 28 April 2009

Outline Overview of European Patent Office and its European Patent Academy Why does intellectual property matter to researchers? Patents – the basics Why does patent information matter to researchers? Relevancy of patent information to researchers Free information in patent databases How to use patent information Ownership issues

The European Patent Office EPC The patent granting authority of Europe A single patent grant procedure for up to 35 European countries Wholly self-financing NOT an EU organisation The European Patent Office  What is the European Patent Office?

35 member states 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 Slovakia Slovenia Spain Sweden Switzerland Turkey United Kingdom European patent applications and patents can also be extended at the applicant's request to the following states: Albania Bosnia-Herzegovina Serbia Status: January 2009

Locations The HagueVienna Berlin Headquarters Munich Isar building Brussels Bureau The European Patent Office  Locations Munich PschorrHöfe

The European Patent Academy : Our mission What Fostering and supporting IP education and training initiatives Encouraging the sharing of best practice How in co-operation with national and European partners The European Patent Academy  Our Mission

Programme areas Innovation Support Academia Professional Representatives Judicial Training Institutional Strengthening The European Patent Academy  Programme areas

Academia IP teaching beyond law faculties Dissemination of IP knowledge in universities Introduce and expand IP content in university curricula Minimum standards and essential elements for IP education Supports IP academic initiatives The European Patent Academy  Academia

Why does intellectual property matter to researchers? IP enables creativity to be protected IP can be licensed or sold. It can be key negotiating tool - "deal-maker" IP will attract investment IP appears as asset on company accounts

Patents – the basics Earliest patent for glass-making in 1420s Patent gives its owner a right Patent lasts up to 20 years Patent criteria: new, inventive step, industrial applicability

Why does patent information matter to researchers? Invaluable source of research information Source of commercial information Most of what is published in patents is no longer protected, and is therefore free to use

Much knowledge can be found in patents only Published elsewhere Patents Only 20% also found elsewhere

Patents are published 18 months after application Research result Patent application filed Research publication send to editor Patent application published Patent Office always publishes after 18 months Paper published Reviewer 1 Reviewer 2 Editor Author Reviewer 3 Publisher 13

Basic research is also published in patent information! 1988 GMR discovered 1989 Patent + article published 1997 First hard drive with GMR sensor 2007 Nobel Prize in Physics Many patents Heavily cited patent! Approx. 200 citations 14

15 Patents are well-structured - sections Title –Improvements in or relating to tea pots 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 Claims –Legally valid protection Example: GB360253

free worldwide patent info 16

17 The International Patent Classification (IPC) system helps to find the relevant patents Arrangements or instruments for measuring magnetic variables

Ownership Issues Intellectual Property Policy should –provide clear rules for staff and students regarding the disclosure of new ideas with commercial interest, such as ownership of research results Allocation of ownership of Intellectual Property should be identified in framework of project Identify who owns Intellectual Property before starting the project One possible model regarding collaborated and contract research: –In collaborative project, ownership should remain with party that generated it, however it can be allocated on a basis of a contract (must detail who owns what in writing) –In a contract research, research generated by public research organisation belongs to the private company Source: Official Journal of the European Union -Commission Recommendation of 10 April 2008

Thank you for your attention ! Noël Campling Tel: +49 (0) European Patent Academy 26 April 2009