Patents

1. Seminar
Patentability of inventions
Verena Simpson
vsi@gipc.eu
+45 77 34 44 89
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2. Agenda
• 9:15 – 9:45 Patentability criteria – novelty and
inventive contribution
• 10:00 – 11:25 Assessing patentability of student
inventions
Strategic and commercial decisions
• 11:30 – 12:00
to be made when seeking patent
protection
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3. Computer-implemented inventions
• What can be protected?
• Is it worthwhile?
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5. Patent protection
• Patents provide a 20 year monopoly
for inventions
• If you have a patent you may prevent
your competitors from using your
invention – or demand a license fee!
• Patent applications are published 1½
years after filing, thus preventing
others from patenting the same
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invention over again.
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6. Patent vs. copyright
• Patent:
– Broad protection: Protects all implementations
of an inventive concept
– Requires description of inventive concept
– Registration process
– Limited in time (20 years) and geography
• Copyright:
– Narrow protection: Protects a specific
implementation
– Established automatically by creation of the
implementation
– Long protection
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7. What does it take to get a patent?
• An invention!
– The invention has to be new, i.e. the exact
same invention must not yet have been
publicly disclosed in any way.
– The invention must not be obvious, i.e.
the invention must differ from
known, similar inventions in a non-trivial
manner.
• A patent application
– The invention needs to be described in
sufficient detail.
– The patent claims need to give a clear
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definition of the scope of the protected
invention
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8. Is this an invention?
• A transformation of an integrable
function ƒ : R → C, defined as
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9. How about this?
• A method of controlling a combustion
process, comprising:
– Measuring light emitted by the
combustion process
– Calculating a Fourier transform of the light
intensity as a function of time
– Controlling parameter Y of the combustion
process as a function of the calculated
Fourier transform
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10. Mathematical algorithm vs. invention
• A mathematical algorithm as such is not patentable,
but a technical process using that algorithm is
• Mathematical algorithm
abstract numbers in
– abstract numbers out.
• Technical process
works on physical quantities
(e.g. measured data, or
data representing something physical, non-abstract)
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11. How about this?
• A method of determining an optimal trading
time for a financial instrument, comprising:
– Monitoring a price of the financial instrument as
a function of time
– Calculating a Fourier transform of the
monitored price
– Determining the optimal trading time from the
calculated Fourier transform
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12. Is this an invention?
• A method of selling candy by
presenting the candy in a way that
catches children’s attention
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13. Is this an invention?
• A shelf system for presenting
items, comprising
– A shelf
– A motion sensor for detecting a
motion in a predetermined
proximity from the shelf,
– An audio system for generating
audio output
– A control unit for activating the
audio system responsive to a
detection signal from the motion
sensor.
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14. What does it take in Europe ?
• Patentable invention has to be a
technical solution to a technical
problem
• The technical aspects of the solution
must not be obvious
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15. Trading example revisited:
• A method of determining an optimal trading
time for a financial instrument, comprising:
– Monitoring a price of the financial instrument as
a function of time
– Calculating a Fourier transform of the
monitored price
– Determining the optimal trading time from the
calculated Fourier transform
• Anything technical?
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16. Re-define the innovative idea:
• A computer for determining an optimal trading
time for a financial instrument, comprising:
– A communications interface for receiving real-time
price information for a financial instrument
– A processing unit programmed to calculate a
Fourier transform of the monitored price, and to
determine the optimal trading time from the
calculated Fourier transform
– A trading interface connected to a computer
system of the stock market programmed to
initiate a trade at the determined trading time
• Non-obvious technical solution
to a technical problem?
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17. Disregard non-technical stuff:
• A computer for determining an optimal action
time for performing an action, comprising:
– A communications interface for receiving real-time
input data
– A processing unit programmed to calculate a
Fourier transform of the monitored input data, and
to determine the optimal action time from the
calculated Fourier transform
– A control interface connected to another computer
system programmed to initiate an action at the
determined action time
• Now determine whether this is a
non-obvious technical solution to
a technical problem - in view of
17 the prior art!!!
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18. Different Rules in different parts of the world?
• Patentable invention • Particular machine or
has to be a technical apparatus, or
solution to a technical • Transforms a
problem particular article into a
• The technical aspects different state or thing
of the solution must • All aspects considered
not be obvious as regards
obviousness
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19. Pin for an automatic twist lock
Claims:
1. An exchangeable device (pin) comprising: an
improved surface resistant to a high corrosion
environment or ice.
2. The exchangeable device of claim 1, made of
alloy or steel.
3. The exchangeable device of claim 2, wherein said
device is further coated in plastic.
4. ?
Prior art: WO2006021579 describes a coupling piece for connecting
two containers stacked one on top of another, especially on board ships.
Hot dip galvanised steel
Technical effect: reduced friction between components
Problem that it solves: No jammed, hard to remove, twist locks
therefore time needed to unload ship is decreased  money saved.
Competitor/client: SEC SHIP S EQUIPMENT CT BREMEN [DE];
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21. Wind speed Sensor adapted for
mobile phone
Claims:
1. A wind-driven rotor comprising a magnet, means for
converting changes in magnetic field into variations of an
electric signal; means for transferring said signal to a smart
phone.
2. A mobile phone adapted for receiving a signal from the
wind-driven rotor of claim 1 and translating the signal into
wind speed
3. ?
Prior art: WO2008073074 (A1) - MEASURING AND DISPLAYING
CURRENT LOCATION WEATHER CONDITIONS WITHIN WIRELESS
CELLULAR PHONES – deemed withdrawn
CN201403115: Cell phone measuring wind speed with
thermocouple
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22. Variable brake light system
Claims
1. A vehicle brake light system comprising a decelerometer attached to a
controller connected to a number of individual light elements which are lit
in dependence on the strength of the signal from the decelerometer.
2. A vehicle brake light system according to any preceding claim, in which the
light elements are LEDs which preferably comprise a strip across the license
plate.
GB2419045 Variable vehicle brake light system according to
brake pedal pressure or deceleration.
A vehicle brake light system comprising a decelerometer in
communication with the brake pedal, and attached to a controller
connected to a number of individual light elements which are lit in
dependence on the strength of the signal from the decelerometer. The
light elements may be LEDs preferably comprising a strip across the rear
of the vehicle.
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23. What is a patentable invention?
• Has to be an invention within the
meaning of the patent law
• Has to be new
• Has to be non-obvious
• Determination depends on how we define
the invention
• Determination slightly different in
different parts of the world
• Technical solutions implemented in
software are patentable!
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24. Now to the important question!
• What can be protected?
• Is it worthwhile?
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25. Indicators of valuable candidate inventions
• Gives product a competitive edge
– Likely to be used in marketing
– Functionality
– Performance 9 10
– Production cost 7 8
– Reliability
• Visibility
– Easy to detect infringement
– Easy for competitors to identify / reverse engineer
– Gives a product an improvement that is detectable by
user/customer
• Timing
– Maturity of technology / time to market
– Expected lifetime of invention
• Low cost to copy
– Easy for competitors to identify / reverse engineer
• High cost to develop
25 • Hard to work around
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