1. W HAT CAN BE PATENTED – AND WHAT DOES THAT MEAN ? András Jókúti Hungarian Intellectual Property Office Ankara, 25 January 2011

2. W HAT IS INTELLECTUAL PROPERTY ? Copyright and rights related to copyright copyright neighbouring rights (rights of performers and phonogram manufacturers) sui generis right of database makers Industrial property rights patents (+SPC) trade marks design rights plant variety rights utility model rights protection of geographical indications protection of semiconductor topographies [trade secrets and trade names]

3. W HAT DOES PATENT PROTECTION MEAN ? Reasons for patent protection foster innovation by rewarding R&D investments incentive by granting exclusivity higher prices as long as the invention is protected compensation of society: disclosure of the invention Exclusive rights to commercially exploit the invention limited monopoly (temporarily restricted competition) right to use manufacture, use, place on the market or offer the product, stock or import it for these purposes use the process manufacture, use, place on the market or offer the product manufactured by the process, stock or import it for these purposes supply others with devices related to essential elements of the invention right to license (on contractual terms) right to prevent others from use (eventually at court)

4. M AIN FEATURES OF PATENT PROTECTION Registered right - granting procedure by an IP authority Territoriality (geographical scope of protection) Important dates relevant date for determining the state of the art and fixing the application as prior art regarding subsequent applications: priority date (first filing) (retroactive) start of the term: filing date of the application (max. 12 months from priority date) conferral of protection: upon publication (provisional) Publication 18 months from priority date or earlier, if applicant wishes disclosure of the patent application allows for third party reactions (observations) provisional protection (if applicable, may be subject to conditions)

5. P RECONDITIONS OF PROTECTION I Object of protection: invention technical teaching defining a relation between features and effect product, apparatus, process, certain use of a product not inventions (according to the EPC): discoveries, aesthetical creations, schemes, business methods and rules of games, computer programs, presentations of information excluded only to the extent to which the application relates to such subject-matter „as such” Exceptions to patentability (policy-based exceptions) inventions contrary to public policy or morality (e.g. human body, cloning, commercial use of human embryos) plant or animal varieties (and biological processes for their production) methods for treatment of the human or animal body by surgery or diagnostical methods (products are OK) Disclosure (skilled person could carry it out) Unity (single inventive concept)

6. P RECONDITIONS OF PROTECTION II Novelty invention is not part of the state of the art (globally) prior art (everything made available to the public before filing) secret prior art (non-published applications with earlier priority) further medical applications non-prejudicial disclosures (no more than 6 months before priority) abuse in relation to the applicant display at an officially recognised exhibition Inventive step having regard to the state of the art, not obvious to a person skilled in the art (secret prior art excluded) Industrial applicability if it can be made or used in any kind of industry, including agriculture (technical nature) at least one practical purpose reproducibility

7. B URDENS AND RESTRICTIONS OF PATENT PROTECTION Renewal fees - annual fees to maintain protection Limitations and exceptions to protection term of protection max. 20 years from filing (+ SPC + prolongation) exhaustion of patent rights specific exceptions private use experimental use (including the tests necessary to obtain marketing authorisation) magistral pharmaceuticals on medical prescription specific limitations prior use (in good faith, based on parallel research) goods in transit (subject to reciprocity) compulsory licenses

8. O VERCOMING TERRITORIALITY Multiple applications via the national route (priority rules) Regional systems to acquire protection unitary titles (future EU/unitary patent) centralised granting based on an international agreement (e.g. EPC) International registration system (PCT) administered by WIPO (International Bureau) International Search (and Preliminary Examination) Authorities making multiple applications easier and manageable decision on grant is made by national/regional offices the result is individual national/regional protection Combinations (e.g. euro-PCT applications after a first national application)

9. L EGAL FRAMEWORK OF PATENTS International rules TRIPS (WTO framework) WIPO (Paris Convention, PCT, PLT, classification) EPC ( de facto harmonisation on patentability in Europe) European Union vertical harmonisation (biotechnology directive, SPC regulations) horizontal harmonisation (enforcement directive, IP customs regulation) unitary IP title (future EU/unitary patent protection) National provisions harmonised areas (e.g. civil enforcement, biotechnology inventions) non-harmonised areas (e.g. criminal enforcement) de facto harmonised areas (EPC)

10. T HANK YOU FOR THE ATTENTION ! Online European Patent Register: www.epoline.org www.epoline.org