Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Introduction to Intellectual Property Rights D. Mazur – 9 September 2014.

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Presentation transcript:

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Introduction to Intellectual Property Rights D. Mazur – 9 September 2014

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview What are Intellectual Property Rights ? How do IPR’s relate to CERN’s mission ? Patents What is it ? What can you do with it ? How do you obtain one ? Using Patent Information Copyright & Software Trademarks How does it all fit together ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview What are Intellectual Property Rights ? How do IPR’s relate to CERN’s mission ? Patents What is it ? What can you do with it ? How do you obtain one ? Using Patent Information Copyright & Software Trademarks KT and how it all fits together

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 What are Intellectual Property Rights ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview of IPR’s Patent Copyright Trademark Design Geographical Indication Plant Variety Integrated Circuit Layouts Trade Secret

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Characteristics of some IPR’s PatentTrademarkCopyright RationaleIncentive to invent Public access to knowledge Avoid confusion about source of goods / services. Protection of authors Subject-matterInventionsWords Phrases Symbols Designs, Sounds Works of authorship, tangibly expressed. CriteriaNew Inventive Industrially applicable Capable of distinguishing goods/services. Original work of authorship RegistrationYesYes / NoNo Duration20 yearsIndefinite, subject to use Life + 70 yrs 70 yrs after publication

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 IPR’s and CERN ? The right to prevent others from: using, manufacturing, selling, importing an invention. using a trademark which is identical or confusingly similar, in relation to products and services which are identical or similar. reproducing, distributing, performing work of authorship. Knowledge Dissemination ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 IPR – A transferable asset The right to enable others to: use, manufacture, sell, import an invention. use a trademark which is identical or confusingly similar, in relation to products and services which are identical or similar. reproduce, distribute, perform work of authorship. under agreed conditions.

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Technology Transfer Models Public Domain Open Dissemination Protected Dissemination GNU General Public License CERN Open Hardware License Copyleft Publication of invention Patents Proprietary licenses Trade secrets

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview What are Intellectual Property Rights ? How do IPR’s relate to CERN’s mission ? Patents What is it ? What can you do with it ? How do you obtain one ? Using Patent Information Copyright & Software Trademarks How does it all fit together ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 The Patent System Patent System Patent Application Granted Patent Publication Society Applicant

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 What is a patent ? Bibliographic Information Abstract Description Drawings Claims

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 What can be patented ? Inventions which are: New Inventive Industrially applicable Date of Filing

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Not everything is an invention 1. Discoveries, Scientific Theories, Mathematical Methods 2. Aesthetic Creations 3. Schemes, Rules and Methods for performing mental acts, playing games or doing business, and programs for computers 4. Presentations of information … as such.

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 How is a patent obtained ? Inventors KT-IP Patent Attorneys Patent Office

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 How is a patent obtained ? Inventors KT-IP Patent Attorneys Patent Office Assessment & Search Novelty Search Drafting Assessment Review Filing Date of Filing

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 How is a patent obtained ? Inventors KT-IP Patent Attorneys Patent Office Search Assessment & Response Examination Assessment & Response Date of Filing Patent Granted

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 International Context (1) Paris Convention for the Protection of Industrial Property (1883) Right of priority National treatment

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 International Context (2) European Patent Convention (1973)

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 International Context (3) Patent Cooperation Treaty (1978)

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Patents and publications When can you publish without jeopardizing your patent application ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview What are Intellectual Property Rights ? How do IPR’s relate to CERN’s mission ? Patents What is it ? What can you do with it ? How do you obtain one ? Using Patent Information Copyright & Software Trademarks How does it all fit together ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 The Patent System Patent System Patent Application Granted Patent Publication Society Applicant

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Patent information Volume: ~ 80 Million patent documents. Growth: ~ 2 Million per year Between 500k to 1M «inventions» published per year Detailed classification

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Patent Search – Live Demo

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview What are Intellectual Property Rights ? How do IPR’s relate to CERN’s mission ? Patents What is it ? What can you do with it ? How do you obtain one ? Using Patent Information Copyright & Software Trademarks How does it all fit together ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Copyright & Software Software Copyright Invention ? Open Source Proprietary Considerations License types Dependencies Community Liability Cloud service Support

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Overview What are Intellectual Property Rights ? How do IPR’s relate to CERN’s mission ? Patents What is it ? What can you do with it ? How do you obtain one ? Using Patent Information Copyright & Software Trademarks How does it all fit together ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Trademarks CERN logo and labels Names of… projects, software, buildings. Boundaries of using «in trade» Clearance Commercialization ? Clearance Apply for trademark

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 How does it all fit together ?

Knowledge Transfer | Accelerating Innovation KT Training – 9 September 2014 Questions – patents & trademarks David Mazur Tel