Post on 12-May-2015
description
transcript
Grasp Patent Basics
2
Table of Contents
What is a patent?1
Feature of a patent2
Three main types of patent4
Patent vs. Intellectual Property3
Overview of patent application5
What Is a Patent?
A patent is a set of exclusive rights granted by a
state (national government) to anyone who
invents or discovers any new and useful process,
machine, article of manufacture, or composition
of matter, or any new and useful improvement
thereof. ???
?
What Is a Patent?
•Be invisible assets
property right
•Protect own market
weapon
•Gain potential wealth
stepping-stone
Features of a Patent★ Exclusivity
One invention can only be granted with one patent, and without the permission
of the patent holder, no person is allowed to make, market, use, import, etc this
patent. Otherwise, it will be regarded as a patent infringement.
★ Territory
The effectiveness of a patent is somewhat limited to certain country or regions,
with no restraining force on other country or region, if a patent is granted in
certain country according to the patent law in that country or region.
★ Temporality
The protection term of a patent is limited, which is 20 years in the United States.
Patent vs. Intellectual Property
★ Patent falls within the scope of IP (Intellectual
property) which includes copyright, trademark,
patent, industrial design right and trade secrets.
★ Intellectual property is a creation that comes from a
mind. It may be formed through written expression,
inventions, art, music, films, photographs and even
as a business symbol. While patent is a method to
protect an invention.
patent
trademark
Industrial design right
trade secret
copyright
Patent vs. Intellectual Property
Intellectual Property
What is Patentable?To gain a valid patent, your invention must meet all the criteria
below:
Novel
Unobvious
Applicable
We made a special PPT on the topic of “Can We Patent” before, hence, for more information, you may refer to that feature by clicking here… Thanks!
Tip:
Three Main Types of Patent
1. Utility Patent:patents on inventions which function in a new way or to provide a new result
2. Design Patent:patents on the aesthetic design or ornamentation of something that already exists; no change for functionality of the object, only gives it a novel appearance
3. Plant Patent:patents on types of plants that may be reproduced by grafts and cuttings
Ways to Apply A Patent
1. Apply a patent by yourself
• Direct• Money-saving
2. Entrust the patent
application to certain patent
agency
• High success rates• Fast
Where Can You Apply a Patent?
• United Kingdom Patent Office• State Intellectual Property Office of China• USPTO• Japan Patent Office…
National Patent Office
• European Patent Office, etc.• it grants European patents for the
contracting states to the European Patent Convention
Regional Patent Office
• an international patent application office• headquartered in Geneva, SwitzerlandWIPO
Where Can You Apply a Patent?
Patent Application Office
Types of U.S. Patent Application provisional application
1. Allow filling without any formal patent claims, oath or declaration or any information disclosure statement. 2. Less costly
non-provisional application1. Also called patent application, and contains at least a specification, all the drawing figures and at least one claim.2. More common
Patent Cooperation Treaty
★ The Patent Cooperation Treaty (PCT) is an international
patent law treaty, which provides a unified procedure for
filing patent applications to protect inventions in each of
its contracting states.
★ A patent application filed under the PCT is called
an international application. It is another most important
international treaty in the field of patent after Paris
Convention for the Protection of Industrial Property.
THANK YOU!
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