PATENTS AND INNOVATION
SUMMARY
MASTER BIOMEDICAL SCIENCES – INFECTIOUS AND TROPICAL DISEASES
, INTRODUCTION
OBJECTIVES
Ideally at the end of this course you will:
- Understand what Intellectual Property Rights are and what their value is
- Understand the main requirements for obtaining patent protection
- Be able to find basic information about patents in the European patent database
- Know about the basic routes of patenting and what principles they are based on
- Understand how patents are enforced against third parties
- Understand the principles of how technology developed at the university can be transferred,
how spin-offs are set up
2
, TABLE OF CONTENTS
Part 1: Introduction to Innovation, IP rights, patent rights and patent systems p.4 – p.20
Part 2: Aligning the Patent system with Innovation p.21 – p.44
Part 3: Claims p.45 – p.60
Part 4: What can you claim p.61 – p.69
Part 5: Criteria of Patentability p.70 – p.85
Part 6: Opposition p.86
Part 7: Freedom-to-Operate p.87 – p.90
Part 8: Applicants and inventors p.91 – p.92
Part 9: Partnering with industry (guest lecture) p.93 – p.110
Part 10 : Start-ups (guest lecture) p.111 – p.127
Part 11 : Enforcement of Patent Rights (guest lecture) p.128 – p.143
Part 12.: Searching exercises p.144 – p.164
3
, PART 1 - INTRODUCTION TO INNOVATION, IP RIGHTS, PATENT
RIGHTS AND PATENT SYSTEMS
INNOVATION
WHAT IS INNOVATION?
Innovations are:
- New and original products, services, ideas
- Which are used in a market or society and
- Add ‘value’ to a company and/or have impact on a society
Examples:
Oral contraceptives, television, antibiotics, vaccines, mobile phones, computers, the internet,
Facebook, self-driving cars, robots
PROTECTING INNOVATIONS
- Patent protection by granting exclusivity rewards creators for innovations that are
commercially successful
o You can have a patent, but if your product doesn’t work than you have nothing
- Society benefits from the economic opportunities it creates
o The patent helps companies, typical also the society with for example job
opportunities
- The revenues from these technologies provide for the financing of additional research and
development endeavors
o The revenue will allow companies to further invest, which will keep the ball rolling
- The patent process turns an invention into a commercial asset (which can be sold or licensed)
- Intellectual property (IP) assets such as patents can also attract investors to the business (to
attract money)
- The information about the invention can inspire future creations, which may lead to
additional patented innovations
o The information in the patent is published and will allow other people to continue
development on that product
- The mapping of patent information allows policymakers to see where valuable research and
development is occurring, thus helping to shape policy and regulation to support innovation
o This is a good way to track innovation within a country for instance
IS THERE A NEED TO INNOVATE?
- Innovation is vital to competitiveness to the global economy. Research leads to improved
goods, services or processes for the market.
o Can you be successful without innovation, probably yes, but it is seen that the ability
to patent your development is in general a positive factor for success and
competitiveness.
- Studies show that those companies that prioritize innovation are also those that experience
the highest increase in turnover.
4
SUMMARY
MASTER BIOMEDICAL SCIENCES – INFECTIOUS AND TROPICAL DISEASES
, INTRODUCTION
OBJECTIVES
Ideally at the end of this course you will:
- Understand what Intellectual Property Rights are and what their value is
- Understand the main requirements for obtaining patent protection
- Be able to find basic information about patents in the European patent database
- Know about the basic routes of patenting and what principles they are based on
- Understand how patents are enforced against third parties
- Understand the principles of how technology developed at the university can be transferred,
how spin-offs are set up
2
, TABLE OF CONTENTS
Part 1: Introduction to Innovation, IP rights, patent rights and patent systems p.4 – p.20
Part 2: Aligning the Patent system with Innovation p.21 – p.44
Part 3: Claims p.45 – p.60
Part 4: What can you claim p.61 – p.69
Part 5: Criteria of Patentability p.70 – p.85
Part 6: Opposition p.86
Part 7: Freedom-to-Operate p.87 – p.90
Part 8: Applicants and inventors p.91 – p.92
Part 9: Partnering with industry (guest lecture) p.93 – p.110
Part 10 : Start-ups (guest lecture) p.111 – p.127
Part 11 : Enforcement of Patent Rights (guest lecture) p.128 – p.143
Part 12.: Searching exercises p.144 – p.164
3
, PART 1 - INTRODUCTION TO INNOVATION, IP RIGHTS, PATENT
RIGHTS AND PATENT SYSTEMS
INNOVATION
WHAT IS INNOVATION?
Innovations are:
- New and original products, services, ideas
- Which are used in a market or society and
- Add ‘value’ to a company and/or have impact on a society
Examples:
Oral contraceptives, television, antibiotics, vaccines, mobile phones, computers, the internet,
Facebook, self-driving cars, robots
PROTECTING INNOVATIONS
- Patent protection by granting exclusivity rewards creators for innovations that are
commercially successful
o You can have a patent, but if your product doesn’t work than you have nothing
- Society benefits from the economic opportunities it creates
o The patent helps companies, typical also the society with for example job
opportunities
- The revenues from these technologies provide for the financing of additional research and
development endeavors
o The revenue will allow companies to further invest, which will keep the ball rolling
- The patent process turns an invention into a commercial asset (which can be sold or licensed)
- Intellectual property (IP) assets such as patents can also attract investors to the business (to
attract money)
- The information about the invention can inspire future creations, which may lead to
additional patented innovations
o The information in the patent is published and will allow other people to continue
development on that product
- The mapping of patent information allows policymakers to see where valuable research and
development is occurring, thus helping to shape policy and regulation to support innovation
o This is a good way to track innovation within a country for instance
IS THERE A NEED TO INNOVATE?
- Innovation is vital to competitiveness to the global economy. Research leads to improved
goods, services or processes for the market.
o Can you be successful without innovation, probably yes, but it is seen that the ability
to patent your development is in general a positive factor for success and
competitiveness.
- Studies show that those companies that prioritize innovation are also those that experience
the highest increase in turnover.
4
