Patent

Use patent

Granted for specific effects obtained by the use of a given substance

Novelty of invention (Article 54 (1) EPC)

An invention is considered new if it does not form part of the worldwide state of the art (so-called "absolute novelty")

Industrial application (Article 57 EPC)

An invention is industrially applicable if it can be made or used in any kind of industry, including agriculture. Wide interpretation!

Important EPC Articles

Articles 52-57: prerequisites for protection Article 63: term of protection (20 years + extension possible) Article 69: scope of protection (as claimed)

"State of the art" in novelty (Article 54 (2) and (3) EPC)

Everything made available to the public by means of a written or oral description, by use, or in any other way , before the date of filing of the European patent application, incl. the content of all European patent applications with prior filing dates (regardless when they were published)

Patentable subject matter (Article 52 (1) EPC and Art. 27 (1) TRIPS)

Inventions in all fields of technology, provided that they are new, involve an inventive step and are industrially applicable. EPO examines applications for their "technical character" or for the "technical solution" they provide for "technical problems".

Is there a definition of "invention" in EPC?

No, only a non-exhaustive list of subject mater and activities that are not regarded as invention and/or are excluded from patentability.

Process patent

Only protects the way in which a technical result is obtained, and not the result as such (however, see Article 64 (2) EPC: the patent protection extends to a product directly obtained by the process)

Why are patents so popular in industrialised nations?

Patents are the preferred tool for boosting a country's competitiveness in the production of new technology by rewarding inventors with an exclusive market position for a limited number of years.

Types of patents

Patents can be granted for 1. products 2. processes 3. particular uses of a (known) substance

Product patent

Protects an item embodying the invention (either in its entirety or in view of specific features for which protection is claimed)

The European Patent Convention (EPC)

The EPC unifies the entire examination process and results in the grant of one common title, the European Patent, on the basis of a body of unified substantive patent law.

What is (and is not) the European Patent?

The European Patent is not an unitary right, but a bundle of national patents. It is not a unitary legal title valid throughout the EPC Member States (MS). After the grant, it becomes valid in the MS designated by the patent holder. After entering the "national stage", it turns into a bundle of national rights and lives on in the form of separate national patents. Consequences: national validation and separate annual renewal fees for maintaining.

What are the most important elements in patent application?

The most important elements in patent application are CLAIMS. Claims define the subject matter for which protection is sought. Unlike TM and copyright law (where protected subject matter is determined objectively), the invention is protected by a patent only in the way and to the extend as it is claimed (see Article 69 EPC).

The core objective of patents

To spur innovative activities so as to promote technical progress

Can a product be covered by more than one patent?

Whereas in the early days, new machines or tools were basically covered by a single patent, nowadays more than a thousand patents may apply to a single product (e.g. ICT products).