Lecture 5 - IPR
What is the 4th requirement for patentability?
Sufficiency
Outline the requirement for sufficiency of disclosure What is the trade-off
Sufficiency of disclosure or enablement is a patent law requirement according to which a patent application must disclose a claimed invention in SUFFICIENT DETAIL FOR THE NOTIONAL PERSON SKILLED IN THE ART TO CARRY OUT THAT CLAIMED INVENTION. TRADE-OFF: The requirement is fundamental to patent law: a monopoly is granted for a given period of time in exchange for a disclosure to the public how to make or practice the invention. >> Teach competitors
Discuss ownership of intellectual property
(who invested the product - this is always where you start. You need to identidy that person to start. This is the first person who might be the owner of IP rights ,it will only move out from that is there is some kind of contract). In the EU - your employer owns everything you produce. Assignment of IP rights needs to be in writting, the contract needs to be written. The inventor is entitled to some rewards ,if not compensated properly then they can claim compensation.
As a compnay where should you get your patents?
- All IP rights are national in nature, so if you need proteciton for your business across the world you need IP rights in all countries that are importatnt to you. Trademarks = watch out for people that they dont register it in a diff country.
What is the test for inventive step?
- Is your idea obvious to the SKILLED PERSON? - In other words, "[the] nonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". Not just making a wheel circle (from a square) You need to argue that what you are doing invovles a degree of inventive thinkin.
What implications does the novelty requirement have for applicants?
- It means there can be no public disclosure before the date of filing
Is it posible ot revoke a patent?
- Just because oyu have a patent it doesnt mean it will survive mitigation. -The patent inst valid and shouldnt ahve been granted in the first place ? Its not an invention. One of the biggest cases: A case to do with wind-surfers (boards with sails). When wind-surer produced the first board they got a patent on the board and design. A boy ni England had left a"surf board" earlier on on the beach. The patent was therefore knocked-our when this was form.
Outline the typical claim in life science and the benefits of a long claim.
- More life science based example: this is a long claim. - A typical claim - We have a chemical structure a part a of the claim. The chemical structure has R GOUPS, which means that it coul dbe any number of gorups in that position. - Part B of the claim: one of the huge amount of drugs. The claim gives us a huge amount of combinations = Gives us a HUGE RANGE OF COMBINATIONS YOU ARE COVERING. >>> PATENT SHOULD COVER YOU THROUGHOUGH YOUR DEVELOPMENT: In research you might start out with one compound that might not work, as you develop, your patent should patent encompass all of theose ideas and give protection for your final products. Final compound looks different to that in section A, but it is still protected because of the huge amount of ground the patent covers.
What is the next hurdle after inventive step?
- Next hurdle after novelty is inventive step. - Is your idea obvious to the SKILLED PERSON? If it is not obvious, you will get the inventive step, if not you have an inventive step problem. Investive person = is the skilled person. Is it obvious to the skilled person in that filled? Inventive step = NON-OBVIOUS
What are the last 4 categories within biotech that are not patentable?
- These are morality exceptions. There has been some interseteing mitigation going all the way up to supreme court on embryos: Now there are awys to get cell lines which dont involve getting tissue from an embryo, for a while it had to use embryos. In general you cant claim a bioogical animal/mouse etc. >> You cant patent embryos, fetus, humans or patent a gene. There are certain ways if you isolate and manipualte a gene that is something you might get patent proteciton on.
How do the claims of a patent vary in length?
- They can be longer or short. In life science they tend to be long. ->>*** Always want to get broadest scope of protection as you can. - Medical use claim. - Filled patent with a broad claim, as patent prosecution happened, you adpat your claim.
What is the 3rd requirement for a patent?
- We have estbalished idea is novel, you have gotten inventive step, then what? You need an industrial application. - Does you investion have a use? >>> You ened to prove that your investion HAS A USE (in any field). You will porbs meet this bar. This is realtively easy to prove. Industrial application >>> This criterion is adequately met if there are convincing arguments that the invention can be made or used in any industry.****
What are the 7 general categories of inventions that are excluded from patentability? Last 3
- You cannt method of treatment of method if it is practiced on human or animal body. That is because the patent is not designed to interfere with what a doctor is doing. These are morality issues. - But what we do have is: the medical use of a drug. Get a patent for a compound and its use, rather than the doctors actions on the patient. We also have a thing on public morality: various issue sin EU patent office - the Onco Maps = the patent was to try and cover a mouse to be used in cancer research. This is because the mouse has to have cancer in the mouse. To cuase cancer to arise, you need to subject mouse to cancer. So they generically engineered a mouse to make it more susceptible to cancer. It was against morality to make a patent on a cancer mouse. => Public Morality test.
Outline patent enfourcement
- You have a patent - You have to go country by country asking for an injuction at the court and ask for money compensation. This requires money. You wont do it unless there is commersal success and a reason to get some money back. There are a few countries where it is a crimnal office
Why do life science companies need a patent strategy?
- You need to have a strategy because you need to get the timing right - Try to understadn what the time sclares are to market, what countries you need protection and what sorts of rights you need. - What they do with clients = they do tech road map = how to get from their ideas to market = where will they face problems. ○ Due diligence assumes all rights are in place, so if IP is later removed, the value drops. - You need to show that the strategy is followed in the business. It is an iterative process : you talk about tech development, go to patent firm to make road map, then go away and do more work and then come back to talk about new/other patents.
Outline confidentiality agreements
- You will often in busines be trying to enter into confidentially agreements aka non-discolusre agreements. Any contract is like gong out to buy a set of clothes, thy are tailored.
What are the first 2 categories within biotech that are not patentable?
1. - Generally relate to things on the human body or elements of the human body. Plants have diferent rights = gives protection to certain things. In general you cant claim a bioogical animal/mouse etc. 2. You cant patent embryos, fetus, humans or patent a gene. There are certain ways if you isolate and manipualte a gene that is something you might get patent proteciton on.
What are the 4 key roles within filling patents. What are their roles?
1. Attouney = help client to take inention in sintific format to a legal format. Patent Attorney/Agent: They are interchanagble terms in the UK, not in the US 2. Patent Examiner: exmine the patents - take the applications that attorneys write, do a serach on all literature that has been published and patents that have been published previously and decided whether you want to grant the patent 3. IP Solicitors: Provide legal advice and assistance and some will specialise in IP law. 4. IP Barristers: They give specialist advice, they are good at cross-examining people and arguing cases befpre judges.
Before we go into exclusions what is patentable?
1. GMO Plant if not specific to a variety: f you discover something implemenred >> ***** E.g Monsantos modificaiton of maise so that it is resistant to the round-up, you can kill the weeds and not the maise. This is patented around the genetically engineered maise, ir doesnt matter which variety it is, it just has the gene in it that allows it to be resistant.
What is the time of protectiion for patents? designs? copy rights, trademarks?
1. Patent (20 years) 2. Design (25 years) 3. Tradmarks - only ones that can go on for eternity but you need to keep paying.
What is the importance of the patent filing date? Important for 2 reasons
1.) NOVELTY: Anything in the public domain before your application's filing date can be used to show that your idea is not new. This includes talks and published documents. Therefore it is important to apply for a patent and obtain a filing date as soon as possible. 2.) PRIORITY: It is important because it establishes who should get the patent first, or what we call priority. Who has the first priority to get a patent for an invention if two people apply for a patent application on the same or similar invention? That is determined by who has the earlier filing date.
What are the requirements for an invention to be patentable?
1.) Novelty 2.) Inventive step/non-obvious 3.) Industrial application 4.) SUFFICIENCY In order to qualify for a patent, an invention has to comply, at least, with the 3 most commonly known criteria: it has to be novel, inventive and susceptible of industrial application. In everyday practice the latter criterion is generally no more than a formality, EXCEPT IN THE CASE OF THE LIFE SCIENCES.
Outline the costs of the patent filling process
1.) PATENT FILING: - It will cost you 5,000 pounds to get attorney to draft patent filing.The more complex the invention the more expensive. You want to protect as much ground as possible. You ened to capture invention and need a good description. By the time you get to patent you have already spent money thats why it doesnt start at zero (you have paid for draft). - Software is most expensive *Fee for discussion after search = will you continue with the patent. **Filing PCT and cost of adding research. It will now sit in the EU patent office until they come back after they have done a search *** 30 month deadline = your cost jump enourmoly. Your PCT is coming to an end. If oyu need a translation it will cost 3-5,000 pounds to get it done. ****should platey before it increases. The applications will sit there for a efw years, get examined. Once they are granted yo uhave to spend renewale. >> You can spend 100,000-200,000 pounds on the patent over th 20 year patent.
What are priority periods?
12 MONTHS AFTER FILING PATENT TO MODIFY APPLICATIONS, ADD NEW CLAIMS etc. Priority period = in patents oyu file a patent, that is your first flag in the ground. You then have 12 months priority period that you can use to file further patent applications if you want to. In that window, your patent is not published (info is still seccrete). This is useful, because you might often be working on your ideas, generating ideas, optimizing the molecule etc. Within the window you might want to change it, withdraw the initial filing and fill and new one. After an initial application has been filed, a second (or third, or fourth...) application may be filed within a set period following the initial filing 'claiming priority'. This priority claim means that subsequently filed applications retain the filing date of the initial application, which affects the prior art that may be officially cited against the applications. For patents, the priority period is 12mths, for designs and trademarks, the period is 6mths.
What are exceptions to infringments? How many are there?
5
What are the most significant categories within the Biotech Directive that have been excluded from patentability? >> How many are there?
6
What is the patent filing date?
A patent filing date is the date the Patent Office acknowledges as the date you applied for a patent on your invention >> It is the date you submitted, or filled, your application
What is the purpose of excluding methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
Article 52 excludes "methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body" from patentability, because these methods are regarded as not susceptible of industrial application. The purpose of this exclusion is "to deny patent protection to methods which serve medical purposes, so that NO ONE COULD BE HAMPERED IN THE PRACTIVE OF MEDICINE BY PATENT LEGISLATION"
What are the historical developments on the requirement of industrial application?
At the European Patent Office (EPO), the requirement that an invention is susceptible of an industrial application has generally been taken to be more or LESS AUTOMATICALLY FULFILLED. BUT a 2005 DECISION OF THE BOARDS OF APPEAL of the EPO saw this requirement analysed in new detail. In decision T870/04 it was held that the mere fact that a substance can be made in some way does not necessarily mean that the requirements of Article 57 EPC are fulfilled, unless there is also some "PROFITABLE USE" for which the substance can be employed
What is the relevance of EPO for companies?
Because going country by country is expensive and difficult =>> you increasingly have some international treaties, to cut down on that duplication. In Europe you have the European Patent Office. All countries = 40-50 thousand ponds.
Under what law is confidentil info protected?
Case Law Protecting things without making them public = CocaCola recipe. For over 100 years they have been able to keep it as an asset.
Define contributory infringement
Contributory infringement is the participation in, or contribution to, the infringing acts of another person. Contributory infringers are vicariously liable for their actions. Considering patent laws, contributory infringement is said to have committed when a person sells or offers to sell separately a material component of a patented invention, having the KNOLWEDGE of its patent rights. THERE IS A KNOWLEDGE REQUIREMENT. ____ -If ou produce part of the chair that is patented and someone else puts the rest of the chair together you are contibuting to infringement. Again knowledge requiment for infringment.
Under what law are copyrights regulated?
Copyright Designs and Patent Act 1988
What is the recent case law on priort periods?
During the priority period you have 12 months to continue to develope your invention. You can make modifications but at the end of the 12 months period it still needs to be similar enough to the original invneiton for it to be covered by the patent. 2 conflicting cases recently on too early/too late: oNe case: court said you had not made invention by the time you file your patent. Novelty comes not neceaily from new structure, but from the fact that you now know what you will do with it. Novelty that you treat with a particular range, or you combine it within another compound.
What happens after you have requested a substantive examination?
During this detailed examination, the UK Intellectual Property Office may write to you reasons why the invention is not new or is obvious. >>> You have a time limit to reply to the UK Intellectual Property Office's letters and to persuade them that the invention is worthy of a patent. This often involves changing the description of the invention or the claims before agreement is reached, and this can take time. When the UK Intellectual Property Office agrees that your invention is new and inventive, your patent will be granted. This fact will be published in the UK Intellectual Property Office's Official Journal and you will be sent a certificate.
Give an example of a patented life science tech
E.g Monsantos modificaiton of maise so that it is resistant to the round-up, you can kill the weeds and not the maise. This is patented around the genetically engineered maise, ir doesnt matter which variety it is, it just has the gene in it that allows it to be resistant.
What is the european legal instituop?
EPO European Patent OFFICE The Hague An autonomous legal system according to which European patents are granted. Governed by EPC "European Patent Convention" treaty
What is the patent office called in Europe?
EPO European Patent Office
What happens 18 months after the filing date?
Eighteen months after the patent application was filed it is AUTOMATICALLY published and is available for anyone to look at. *** This is NOT A GRANTED PATENT and YOU CANNOT SUE ANYONE YET FOR USING YOUR INVENTION. Your application will be published 18 months from your filing or priority date, provided it's complete and passes the search. The open part of your application, which includes your address, will be publicly available in the: online patents journal on the IPO website IPO records
What are pitfalls of priority periods? Give an example
FILING TOO EARLY Pitfalls = you have to think about what has happened in the 1 motnths window, what have you done, what have your competitors done. Risk of filing too early = if what oyu have done doesnt have value to you. You dont want to file to early and you dont want to leave it too late FILING TOO LATE In the case at issue, the applicant and inventor (Derrick Green) filed a GB patent application on 23rd November 2011 (let's call it GB1). He also filed an international (PCT) patent application on 22nd May 2013 (outside the priority period, and so couldn't claim priority - mistake #1).
What countries are typically priority for patent applications?
For many businesses, the top priority is to seek protection in Europe, the USA and possibly in Japan. In some cases the BRIC countries (Brazil, Russia, India and China) may be next on the list but every case is different so you need to plan your coverage carefully in line with your business model and business strategy.
List the last 2 exemptions to infringment
For pharma products they get a marketing authoritisation, you are not infringing a patent on the original drug.
What countries should oyu file for a patent?
In many cases, a good starting point is to look for protection in your main markets (or prospective markets), i.e. where you expect the majority of your revenue to be generated, and/or countries in which your main competitors are based or where they have manufacturing facilities. If you are considering licensing the patent rights, you might also look at the main markets for licensees and where your licensees (or potential licensees) are located.
What are teh requirements for the law of confidence to apply?
In the UK for the law of confidence to apply information ahs to be secrete, you need some control over woh gets access to it, and you will be able to show in court that unauthorised use will be damaging to you and your business.
What is the UK patent office?
Intellectual Property Office (IPO) In New Port. Legal institute that is governed by the Patents Act 1977.
Define intellectual property. What are teh 2 main classes?
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is divided into two categories: 1.) INDUSTRIAL PROPERTY includes patents for inventions, trademarks, industrial designs and geographical indications 2.) COPYRIGHTS covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.
Discuss the strategy for selecting countries
It should be remembered that patents provide a 'negative right', i.e. they enable you to prevent others from doing certain things in relation to the invention, e.g. manufacturing, importing, exporting or using the invention in the relevant country. So you need to decide where such rights would be useful to support your business strategy. Filing in all possible countries would be extremely costly, so you need to consider how to optimise your geographical protection within the budget available. It may be possible to achieve a broad geographical effect by filing in just a small number of key countries. You might, for example, only need to file patent applications to the extent necessary to keep the competition from competing effectively with you. In many cases, a good starting point is to look for protection in your main markets (or prospective markets), i.e. where you expect the majority of your revenue to be generated, and/or countries in which your main competitors are based or where they have manufacturing facilities. If you are considering licensing the patent rights, you might also look at the main markets for licensees and where your licensees (or potential licensees) are located. Where to file for patent. In countries where they cant pay for the drug? When will you manufacture your product?
Under what law is Data Exclusisity regulated?
Medicines for Human Use Regulations 1994 If you dont have data, you can use other data. But there is a period of data exclusivity (8-10years) where others cant rely on your data. After 8 years you can start getting paperwork together, but you cant start to sell until after 10 years.
Give an example of patent on the process, issues.
Monsanto = the method for genetically engineering the maise. Th patent was tfor the proces nad the product. They could not get patent on process in Brazil. Someone was producing it in Brasil and selling it in the rest of the world. The court in UK was not having any of it. They said Monsanto only had a patent on the process, not the final product, so when maise came to UK it didnt matter.
Outline infringment acts on PROCESS patents. List them
NB for processes!!! Not only if you use the process, but also manufacture the product and then seel it that would also be an infrinegment . This includes 1. disposing of 2. offering to dispose 3. using 4. importing 5. keeping 6. product obtained directly by means of patented process
Outline the process for filing a patent
NB! The priority date and filing date may be the same!! In which case th eprocess starts with the patent filing date.
Is your patent enforcable after the 18 months publication?
NO *** This is NOT A GRANTED PATENT and YOU CANNOT SUE ANYONE YET FOR USING YOUR INVENTION. Your application will be published 18 months from your filing or priority date, provided it's complete and passes the search. The open part of your application, which includes your address, will be publicly available in the: online patents journal on the IPO website IPO records
Outline the requirement of novelty What is the purpose of this requirement?
Novelty is a requirement for a PATENT CLAIM TO BE PATENTABLE. An invention is not new and therefore not patentable if it was KNOWN TO THE PUBLIC BEFORE THE FILING DATE OF THE PATENT application, or before its date of priority if the applicant claims priority of an earlier patent application (if the priority of an earlier patent application is claimed). The purpose of the novelty requirement is to prevent prior art from being patented again
Where is the IPO granted patent enforceable?
Only in the UK.
Under what law are patents regulated?
Patents Act 1977
Discuss an IP in terms of an investment
Patents are expensive, but they add value to the business. 10% patent and 90% tech, but WHEN COMPANY WAS SOLD 50% OF VALUE WAS ON THE IP. >>> IP is an investment, but it has to be thought about in terms of what it will return. **** Improtant for selling company, and eventually commersialiing the research.
Why do firms need to consider in terms of balancing info?
Patents v confidential info Blance = what you will publish and what will remain confidential. NB!! Employees can take skill and know-how away when they leave your company.
What is the priority date?
Priority date refers to the earliest filing date in a family of patent applications. Where only a single patent application is involved, the priority date would obviously be the filing date of the sole application. If an applicant has filed a number of related patent applications, the PRIORITY DATE WOULD BE THE FILING DATE of the earliest patent filing that first disclosed the invention IMPORTANT: This is the date used to detemrined who filed the patent application first should there be dispute. Therefore advisable to file the patent as early as possible.
What is the relevant statutute for the inventive step?
The fundamental test for assessing whether there is an inventive step remains the STATUTORY TEST That test is as follows: an invention shall be taken to involve an inventive step if it is 'not obvious' to 'a person skilled in the art', having regard to any matter which forms part of the 'state of the art' by virtue of section 2(2): s 3 Patents Act 1977.
To patent a gene sequence, what is the condition?
The industrial application must be disclosed
What is the rational for the inventive step requirement?
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve A PROPER BALANCE BETWEEN THE INCENTIVE PROVIDED BY THE PATENT SYSTEM, NAMELY ENCOURAGING INNOVATION, AND ITS SOCIAL COSTS, NAMELY CONFERING TERMPORORY MONOPOLIES. The non-obviousness bar is thus a measure of what society accepts as a VALUABLE DISCOVERY.[5] Additional reasons for the non-obviousness requirement are providing INCENTIVES FOR FUNDAMENTAL RESEARCH rather than for "incremental improvements", and MINIMIZE PROLIFERATION OF ECONOMICALLY INSIGNIFICANT PATENTS THAT ARE EXPENSIVE TO SEARCH AND LICENCE.
What is the purpose of the 12 month period after the filing date?
This is useful since it gives you a year to work out whether your invention is commercially viable before spending large amounts of money on patents in other countries.
How is novelty determined?
To assess the novelty of an invention, a search through what is called the prior art is usually performed, the term "art" referring to the relevant technical field. A prior art search is generally performed with a view to proving that the invention is "NOT NEW" or OLD. No search can possibly cover every single publication or use on earth, and therefore cannot prove that an invention is "new". A prior art search may for instance be performed using a keyword search of large patent databases, scientific papers and publications, and on any web search engine. However, it is impossible to guarantee the novelty of an invention, even once a patent has been granted, since some obscure little known publication may have disclosed the claimed invention
When would you search up patents?
To find out if anyone already has a patent in the area you are operating. To make sure you are not infringing on someone elses rights and to investigate whether to file for a patents. Search on 1.) Google Patents 2.) WIPO (world intellectual property organisation) 3.) Patsnap (proprietary databases)
Under what law are Trade Marks regulated?
Trade Marks Act 1994
Who was the lecture by? COmpany
Vicki Salmon - Directo of The IP Asset PARTNERSHIP Ltd
What happens after the filing date? What must you do?
WITHIN A YEAR FROM THE FILING DATE you have to file: 1.) CLAIMS defining the protection you are seeking. You should get advice on drawing up the claims as they are very important. A competitor can only be sued if he does, or produces, what is described in the claims. 2.) An ABSTRACT giving a BRIEF SUMMARY OF THE INVENTION 3.) A REQUEST FOR A SEARCH with a fee. You must send your claims, abstract, application fee and search fee WITHING TWELVE MONTHS of your filing date
What do companies usually start with in terms of where they file a patent?
When seeking patent protection, most companies start with a single national patent application but may then wish to seek protection in other countries.
What is the global legal institute?
World Intellectual Property ORGANISATION In Geneva Governed by the Patent Co-operation Treaty (PCT) Is one of the 15 specialized agencies[1][2][notes 1] of the United Nations (UN). WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world".
After the 18 months time point what do you need to do to get a grated patent?
YOU MUST PAY AND REQUEST A "SUBSTANTIVE EXAMINATION" WITHIN 6 MONTHS OF PUBLICATION (18+6 = 24 MONTHS) you must pay a further fee and request examination. The examination checks whether your invention is NEW AND INVENTIVE ENOUGH. It also checks that your DESCRIPTION and CLAIMS MATCH AND ARE GOOD ENOUGH TO PATENT. During this detailed examination, the UK Intellectual Property Office may write to you reasons why the invention is not new or is obvious. >>> You have a time limit to reply to the UK Intellectual Property Office's letters and to persuade them that the invention is worthy of a patent. This often involves changing the description of the invention or the claims before agreement is reached, and this can take time. When the UK Intellectual Property Office agrees that your invention is new and inventive, your patent will be granted. This fact will be published in the UK Intellectual Property Office's Official Journal and you will be sent a certificate.
Outline the patent search section of filing for a patent
YOU have to REQUEST and PAY for your search within 12 months of your DATE or PRIORITY DATE (whichever is relevant). IPO (UK Intellectual Property Office) will search for documents showing inventions similar to yours and then issue a search report which lists any relevant documents from around the world that they have found in reference books, scientific journals or other patents. >>> You'll be sent the results and told if any part of your application isn't right. >>> This search gives you an early indication of how likely you are to obtain a patent.
Do patent protection of biological material exten to future generations?
Yes
What are the 7 general categories of inventions that are excluded from patentability? First 4
You can get a patent for almost anything, BUT there are some exclusions. 1. Generally this is a concept around what that what you invent needs a use or a purpose. For a disovery you might find a new stone, but if you take that stone and find a use for it, that will get a patent. The discovery is not patentable, but the sue is. 2. More and more of this, fintech and software inventions. This can be very difficult to patent dependin gon wher eyou are in the world. There are ways to find a purpose of what you are doingg, you can link a patent to. Software itself is written down and gets copywrite protection. Now pwople automate things that were done by people. This is really a business method. Software patents is much more expensive. 3. They all get protected with copy-right
Is there an automatic bar to patentability for biological material/processes?
You can get a patent for these things <<< No automatic exclusion In general in the Life Sciences you can get a patent for 1.) A biological product 2.) A biological process HOWEVER, within these there are exclusions
Discuss threats in relation to IP infrignments
You cant threaten people with patent infringment, particular competiors customers. The law on this used to be stricter. The competitor can actually sue you for doing this.
What is the importance of knowing the costs of filing a patent? What are the business implications?
You need to know when the big increases come, because you need to budget for the milestones. If you cant cover it, then you loose your patent, you cant come back at a later stage. You ened to fundraise before you need to pay
Outline the industrial application patent requirement
industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry. In this context, THE COCNEPT OF "INDUSTRY" IS FAR-REACHING: it includes agriculture, for instance.
Explain the given venn diagram in terms of patents
○ A patent is not a right to exploit, its a negative right to stop others. ○ In patent there might be all diff types of bicylces (Diff forms, diff materials, components etc) --> If you have a good patent then it should cover a large amount of bicycles. ○ Competitor: B = buy competitors patent to have rights to improved raw material. Lot sof options Competitor C = they sit within out patent = they have made a gear system that is better and we use their gear system.
