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Patents Southwest Quantum Technologies Group Richard Tatham 02/02/2015
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About us
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About Us Established 1906 Recognised as one of Europe’s leading patent and trade mark firms 67 patent and trade mark attorneys from a broad spectrum of science and engineering backgrounds We handle patents, trade marks, designs, copyright. 3
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Patents - Introduction 4
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A monopoly right Exclusive right to make, sell, offer to sell, use, import and keep a patented product Exclusive right to use, offer for use a patented process Lasts for 20 years Territorial 5
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6 The Patent System What can you do with a patent? Raise funding License others to make the invention Cross-license with other patent owners to share technologies Sue infringers
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Patents and Quantum Technology 7
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Please see https://www.gov.uk/government/publications/new- eight-great-technologies-quantum-technologies https://www.gov.uk/government/publications/new- eight-great-technologies-quantum-technologies
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Patentability 9
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Four requirements: Not excluded Industrially applicable Novel Involves an inventive step 10
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Patentability – Exclusions Exclusions: Discoveries, theories, mathematical methods Aesthetic creations Mental acts, games, business methods, computer programs Presentations of information Methods of treatment or diagnosis Inventions whose commercial exploitation is contrary to morality or public policy 11
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Patentability – Industrial Applicability 12 The invention must be capable of industrial application Low hurdle for mechanical inventions Especially relevant for biotechnological inventions
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Patentability – Novelty The invention must be new Compared to the “state of the art” The “state of the art” = everything made available to the public before the filing date New if there is a feature not contained in the state of the art 13 v
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Patentability – Inventive Step The invention must involve an inventive step Also judged against the state of the art and at the filing date Must not have been obvious to the skilled person 14 v
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The Patent System 15
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The Patent System Typical application: Filing Search Publication Examination Grant 16
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Patent Applications 17
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Patent Applications Abstract Description of the invention Claims Drawings 18
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19 Conclusions
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A patent is like a bargain between the inventor and the state The structure of a patent application reflects this Patents provide strong protection but are territorial Only certain inventions are patentable 20
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Thank you Richard Tatham Technical Assistant E rtatham@kilburnstrode.com Kilburn & Strode LLP 20 Red Lion Street London WC1R 4PJ T +44 (0) 20 7539 4200 F +44 (0) 20 7539 4299 www.kilburnstrode.com Patent and Trade Mark Attorneys 21
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