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SM_Video2_Patents.pptx
Intellectual Property Rights: Patents
Prof Silvia Massini
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Silvia Massini 2021 ©
What is a Patent?
The Form of IP protection for “Technological Invention”
A patent is a right of ownership over an invention, which is granted to an inventor by a government for a specified period of time
The patent owner, or patentee, has the right to sell the patent, license it, or prevent other from making, using or selling the invention without permission
Patents generally cover inventions of products or processes that possess or contain new functional or technical aspects (i.e., the functional aspects of tangible technologies: how things work, what they do, how they do it, what they are made of)
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Requirements for Patents
To be Patentable, an Invention Must …
Be New – Prior public disclosure can invalidate an application
Contain an ‘Inventive Step’ - i.e., compared with what is already know, it should contain something that would not be obvious to someone with a good knowledge and experience of the subject.
Be Capable of Industrial Application – i.e., be capable of being made or used in “industry” (broadly defined). i.e., that the invention must take the practical form of an apparatus or device, a product such as some new material or substance or an industrial process or method of operation.
Patent assessors judge whether these conditions are met
Undertake searches to see whether patent breaches “prior art”
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Can Openers
In 1962, Ermal Cleon Fraze of Dayton, Ohio, invented an integral rivet and pull-tab for cans (also known in British English as ring pull),
Original ‘ring-pull tab’ which opened cans, patented 1963
U.S. Patent No. 3,349,949 for pull-tab can design in 1963 and licensed his invention to Alcoa and Pittsburgh Brewing Company
But the tab, separated from the can, became a dangerous piece of litter, on beaches & pavements.
It also caused mouth injuries (people put the tab inside the can, then drank from the can....)
http://bestinpackaging.com/2012/10/14/beverage-can-ends-and-its-opening-devices/
http://pdfpiw.uspto.gov/.piw?Docid=03349949&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect2%3DPTO1%2526Sect2%3DHITOFF%2526p%3D1%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-bool.html%2526r%3D1%2526f%3DG%2526l%3D50%2526d%3DPALL%2526S1%3D3349949.PN.%2526OS%3DPN%2F3349949%2526RS%3DPN%2F3349949&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page
US Patent No. 5,145,086
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An innovation: the stay-on tab
Solved the litter problem
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The inventor of the ‘ring-pull’ licensed the system to Coca-Cola at 1/10 of a penny per can. During the period of validity of the patent the inventor obtained £148,000 UK a day in royalties
Source: WIPO
http://www.google.co.uk/patents/US4046283
The original pull tabs were actually pop tops where the tabs came off in the user's hand, which allowed people to make curtains out of them by hooking the popped off tabs to one another to make a chain. Enough chains side-by-side made a curtain. These pull tabs were a common form of litter — and a lingering hazard for bare feet, especially at public beaches (as witnessed in the third verse of the Jimmy Buffett song "Margaritaville"). Also, some people dropped the tab into the can after opening it, rather than finding a wastebasket in which to throw the tab away. They then drank the beverage directly from the can, occasionally swallowing the sharp-edged aluminium tab by accident. Stay tabs (also called ecology tabs) were introduced by the Falls City Brewing Company of Louisville, Kentucky in 1975, partly to prevent the injuries caused by removable tabs. Stay tabs almost completely replaced pull tabs by the early 1980s. In this can model, the lid contains a scored region and a pull tab that can be leveraged to open the hole (by pushing the scored region into the can).
http://uk.answers.yahoo.com/question/index?qid=20070324064424AAoPayd
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"… it expands the typical act of eating an ice cream cone to include numerous playful and creative possibilities including sculpting and carving of channels with one's tongue to form interesting shapes and patterns on the outer surface of an ice cream portion".
Motorized Ice Cream Cone US Patent 5,971,829 October 26, 1999
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Patents
What Cannot be Patented ...
A ‘Scientific’ Discovery – without an industrial application
A Scientific Method of Mathematical Method
An Aesthetic Creation (e.g., work of literature, art, music, etc.)
A device contrary to the accepted physical laws (e.g., a perpetual motion machines, or a time machine)
[In UK & Europe] Computer Programme (except if technically novel)
[In UK & Europe] A Business Method (except if technically novel)
[In UK & Europe] invention of a new animal or plant variety
[In UK & Europe] a method of treatment of the human or animal body by surgery or therapy; or a method of diagnosis.
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Patents
First Introduced …
Originally associated with the granting of Monopoly Rights …
1449 - the earliest known English patent for invention was granted Gave a 20-year monopoly for a method of making stained glass, required for the windows of Eton College.
Patents are territorial rights; so a UK Patent relates only to the United Kingdom.
When applying at the Europe Patent Office (EPO), applicants need to specify in which countries they wish to have the patent valid.
After the end of the patent term, or if the patent should lapse, the invention becomes freely available to all.
Some countries (Russia, China) only introduced relatively recently
Patent Term
In the UK, and most countries, 20 years (providing the patent is maintained)
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Patent Process in the UK
Steps…
Preparation of the Patent Specification (a legal document)
Claims – precise legal statement that defines the invention
Abstract – outline of the technical aspects of the invention
Filing of Application – and receipt given
Undertake initial ‘Examination and Search’ to investigate novelty
Must be done within 12 months of filing of application
Patent office conducts its ‘Preliminary Searches’ of existing patents.
Patent application is published (within 18 month of filing)
Patent Office begins second “Substantial Searches”
Begins within 6 months of publication
Final Examination: “If your application meets all the requirements of the Patents Act 1977, we will grant your patent, publish your application in its final form and send you a certificate”
Whole process takes 3 to 4 years
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Patents Costs
UK patent office fees are around £250
“Typical professional fees* for securing a UK patent can be £1,000-2,000, while making an international application in several countries can cost tens of thousands of pounds in several countries” (UK Patent Office) (*fees paid to chartered patent agents) [UK residents must generally apply for a UK patent before applying for patents abroad]
| Stage | Apply online | Apply by post |
| Application fee | £20 | £30 |
| Search | £130 | £150 |
| Examination | £80 | £100 |
| Total | £230 | £280 |
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Patents: Renewal Fees
How Much Does Patenting Cost? ...
After 5 years, must pay ‘renewal fees’ [Yr 5: £70 – Yr 20: £600] e.g., Firm with 1 patent per year over 20 yrs - £4,500 / year in UK fees alone
| Year | Renewal fee | Year | Renewal fee |
| 5th | £70 | 13th | £250 |
| 6th | £90 | 14th | £290 |
| 7th | £110 | 15th | £350 |
| 8th | £130 | 16th | £410 |
| 9th | £150 | 17th | £460 |
| 10th | £170 | 18th | £510 |
| 11th | £190 | 19th | £560 |
| 12th | £210 | 20th | £600 |
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BBC News: 23rd October 2011 “Mobile phone makers wage war to protect their patents”
“...The patent system was created to spur on innovation. But over recent years it has sparked an arms war between some of the world's leading mobile phone companies.
The likes of Apple and Microsoft do not only sue their rivals to protect their own inventions, but go on to buy third party patents to build up their weapon stockpile.
What is more, they appear increasingly willing to litigate.
The number of handset patent infringement filings to the US courts grew from 24 cases in 2006, to 84 cases in 2010, according to Lex Machina, an intellectual property litigation data provider.
It expects that number to grow to 97 cases this year, reflecting more than a four-fold rise in the space of half a decade.”
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Patent wars Lawsuits between major mobile handset makers. http://www.bbc.co.uk/news/business-15343549
Apple
Microsoft
Oracle
HTC
Nokia
Motorola Mobility
Samsung
Kodak
LG
Sony
RIM
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As Google said in their recent blog post, “Our competitors are waging a patent war on Android”
Microsoft makes more money from Android than from its own Windows Phones, due to its patent litigation and licensing
Android Patent Licensing & Litigation http://mg312.wordpress.com/2011/10/25/the-patent-minefield/
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Mobile Phone Patent Lawsuits 2010
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Tesla on releasing all their patents for free use
“Technology leadership is not defined by patents, which history has repeatedly shown to be small protection indeed against a determined competitor, but rather by the ability of a company to attract and motivate the world’s most talented engineers. We believe that applying the open source philosophy to our patents will strengthen rather than diminish Tesla’s position in this regard.”
“Tesla Motors was created to accelerate the advent of sustainable transport. If we clear a path to the creation of compelling electric vehicles, but then lay intellectual property landmines behind us to inhibit others, we are acting in a manner contrary to that goal.
Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.
https://www.tesla.com/en_GB/blog/all-our-patent-are-belong-you?redirect=no
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Patents issues
Current Controversies include …
Software patenting – favoured in US, not in UK & Europe
Some argue many ‘obvious’ developments are being awarded patents
Patenting of Business Methods – ditto
Controversial cases include Amazon’s patenting of “one-click-shopping”
Patenting of related to Plants, Animals and even Humans
Controversies include GM plants, animals, & human genome
Other International Differences ...
First to File (Japan, Europe & UK) vs. First to Invent (US) (until recently)
US system leads to greater controversies & litigation
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Additional Resources
Patent Offices and WIPO Web-pages
UK Patent Office: http://www.patent.gov.uk/
European Patent Office: https://www.epo.org/
US Patent Office: http://www.uspto.gov/
Japan Patent Office: http://www.jpo.go.jp/
World Intellectual Property Organisation: http://www.wipo.org/
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