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Patent application procedure (…and costs)
Knowledge Transfer Group
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Reminder... What can be patented? Inventions which are: Prior Art
1) New – not already in prior art 2) Inventive – not obvious to someone skilled in the art 3) Industrially applicable – solves a technical problem Date of Filing Prior Art
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The Patent System Patent Application Granted Patent Publication
Applicant Patent System Patent Application Granted Patent Publication Society
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Application procedure...
Inventors Assessment & Search Assessment Review KT Patent Attorneys Novelty Search Drafting Filing Patent Office Date of Filing
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Question... When can you disclose information about your invention without jeopardizing your patent application?
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Disclose only after filing (typically)
Inventors Assessment & Search Assessment Review KT Patent Attorneys Novelty Search Drafting Filing Patent Office Date of Filing
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Application procedure, cont...
Inventors Assessment & Response Assessment & Response KT Patent Attorneys Patent Office Search Examination Date of Filing Patent Granted
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Patent families – International context
Cooperation Treaty (PCT) (1978)
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Regional/ national phase
PCT phase Regional/ national phase Publication Convert to PCT (if national filing) USA National or PCT filing GB Europe (EP) DE FR Japan Priority application S. Korea 12 18 30 48 – 60 Time (months)
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PCT vs. Paris Convention
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Patents cost money 20 years Prosecution (approx. 3 – 5 years) Renewal
Cumulative CHF for an application covering Europe, US and Japan Renewal fees (CHF) 0K 6K 7.5K 50K 60K +1K per country, per year until end date Search for commercial partners (licensing) Revenue
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Patent application v. patent
Document as submitted to the patent office. Patent: Document as granted (i.e. approved) by the patent office How can you distinguish between the two ? It is written on the document A = Application B = Patent
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European patents European Patent Convention (1973)
Important: There is (currently) no such thing as a European patent that is legally enforcable over all European countries. Once a European patent is granted it must be validated, and subsequently renewed, in each individual country of the applicant(s)’ choosing.
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Questions?
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