Protection of inventions and research results in Greece and abroad

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Protection of inventions and research results
in Greece and abroad
K. ABATZIS,
INDUSTRIAL PROPERTY ORGANIZATION (Ο.Β.Ι.)
Director, Applications & Grants

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 Industrial Property rights
 patents, utility models
 Industrial Designs
• Trademarks
• Service Marks
 Geographical Indications
 Appellations of Origins
 Plant Varieties
 etc
Copyright and rights related to copyright
• copyright
• Authors rights
• etc
Intellectual Property (IP) rights
are divided into …

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• Research
• Disclosure interactions of researchers with TechTtransfer Offices
• Evaluation about the commercial potential of the invention.
• Assessment with the researchers.
• IP Protection.
• Marketing using TTO resources and channels
• Licensing / Spin-off company creation
• Product Development and Commercialization by one or more Licensees
• Revenue Generation by one or more Licensees
Note: these steps may vary in sequence and often occur simultaneously.
WHAT ARE THE TYPICAL STEPS IN THE PROCESS?

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The reasons for participating in the Technology Transfer process may
vary and be unique for every scientist, but may include:
• Making a positive economic impact on society
• Achieving recognition and/or financial rewards
• Generating additional lab/departmental funding
• Meeting the obligations of research contract
• Attracting research sponsors
• Creating educational opportunities for students
• Linking students to future job opportunities
• Feeling a sense of personal fulfillment
WHY WOULD A RESEARCHER
BE INTERESTED IN PARTICIPATING
IN THE COMMERCIALIZATION PROCESS?

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• To meet potential commercialization partner’s (licensee) requirements,
patent protection is a necessary step
• The patenting step is important because it can protect the commercial
partner’s sizeable investment required to bring the technology to
market.
o Patent filing usually precedes finding a licensee
WHY PROTECT INTELLECTUAL
PROPERTY WITH PATENTS?

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To ensure that the invention is patentable, the following checklist is a
minimum that must be considered:
1. What is the patentable subject matter?
i.e. a kind of subject-matter that is eligible for patent protection
2. Is there novelty?
(i.e. at least some aspect of it must be new)
3. Is there an inventive step?
4. Is susceptible to industrial application?
Is my idea patentable?

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WHAT CAN BE PROTECTED?
Patent
Industrial Design
Copyright
Trademark
Trade secrets
• entire operating mechanism or individual parts
• method of assembly
• new materials
• embedded software for the operation
• shape, appearance
• software (as is)
• operating manuals
• service manuals
• Welding temperature of mounting brackets

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Anything that has a technical character
WHAT CAN BE PROTECTED BY A PATENT?
Devices & machinery
Individual modules of devices and machinery
Systems & arrangements of devices & machinery
Production methods in the field of industry
Information distribution and processing methods in IT and
telecommunication systems
Chemical substances, compounds & products, as well as their
production methods
Uses of all the aforementioned
Patents can be granted for:

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What is the meaning of a “patent”
… patents shall be granted for any inventions which are:
• new
• involve an inventive step
• are susceptible of industrial application.
The invention may relate to a product, a process or an industrial application.
… the patent confers upon its owner, whether natural person or legal entity
the exclusive and time-limited, right to productively exploit the invention…
According to Law 1733/87…
… in Greece.

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Is there an alternative?
• short-lived inventions
• inventions difficult to copy
• Trade secret for products nearly impossible to reverse engineer
• Publish your idea to prevent others from obtaining a patent for
your technical solution
Rubik’s Cube or Coca-Cola
were never patented!

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• The Industrial Property Organization (Ο.Β.Ι.)
was founded in 1987 (Law N.1733/1987), as a legal entity
under private law, administratively independent and financially
self-sufficient.
• is exclusively responsible for the protection of inventions in
Greece and provides technological information from
industrial property titles.

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Greece is member of:
• European Patent Organization
• World Intellectual Property Organization
• European Community
O.B.I. is Receiving Office for:
•European patent applications (EPO)
•International patent applications (WIPO)
•International design applications (WIPO)
•European Community design applications (EU)

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Protection of inventions in Greece
• Patents
• Utility models
• Industrial Designs
• Supplementary Protection Certificates (SPCs)
• Validations of European Patents
• Registration of Transfer of Technology Agreements

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Inventions and designs in Greece (2013)
GR Patents
EP Provisional
Protection
Gr Utility Models
EP Validations
SPCs
Designs

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WHAT IS NOT CONSIDERED A PATENT
(according to Law N. 1733/87)
• Discoveries
• Scientific Theories
• Mathematical Methods
• Aesthetic Creations
• Software
• Methods for financial activities
• Presentation of information
• Plant and animal varieties
• Diagnostic Methods
• Therapeutic and surgical methods

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An invention belongs to:
• the inventor or the beneficiary
• If more than one persons are involved in the invention,
they can file a joint application
• If more than one persons have made the invention
independently, then the right belongs to the applicant
with the earliest date of application

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UTILITY MODEL CERTIFICATE (UM)
Is granted for:
• new objects
• with definite shape and form
• industrially applicable
Is valid for 7 years
 Novelty of the invention is not searched

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PROTECTION of SOFTWARE
 software is protected by copyright
 If the method (operation, process etc.) is performed via software,
has a technical character, is new and inventive THEN, AND
ONLY THEN, a patent can be granted.
 The method performed via the software regardless the programming
language and the implementation environment is patentable

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• A free invention is made by an independent inventor
• In a service invention, the right belongs 100% to the employer.
It is the outcome of contractual relation between the employer and the
employee.
• In a dependent invention the right belongs by 40% to the
employer 60% to the employee. The application is jointly filed.
(The invention made by an employee with the infrastructure of the enterprise in which he/she is
employed)
Categories of PATENTS
Patents can be:
• Free
• Service
• Dependent

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PATENT and UM GRANTING PROCEDURE
• Formalities check
• Corrections
• Complements
• Search report fee
4months
Drawing up Search Report
Notification
Comments of the applicant
Drawing up Final Search Report
U.M.
Filing
1. Application (2)
2. Description (2)
3. Claims (2)
4. Abstract option. (2)
5. Drawings optional (2)
6. Filing fees
GR Patent GRANTED
3 months
8 - 11 months
15 months
Design

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INDUSTRIAL PROPERY BULLETIN
VOLUME A’ *
- bibliographic data, abstracts and distinctive drawings of
patent and utility model applications
- published patents and utility models
- Validations of European patents
* Patents, utility models and European patents are published 18 months after the first filling date or earlier
provided that granting is effected this date.
VOLUME B’ **
Industrial Designs and Model Certificates
** Industrial designs are published 4 months after the filling date

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• National
• European (for up to 38 European countries)
• International (for up to 148 countries around the world)
An application for a patent can be:
What about the rest of the world?

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3 BASIC STEPS TO PROTECT YOUR
INVENTIONS
1st step: State-of-the art search
2nd step: File a Greek patent application with OBI
3rd step: File a European patent application or a PCT application
with Greek priority or another national application
with Greek priority

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…Greece?…
…Europe?…
… Worldwide? !!!
WHERE should I apply for protection

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• in countries that you can market the invention
• in emerging markets (in view of 20 years)
• low cost production countries
How many countries?
In principle, the issue is … MONEY!

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Some statistics about
Universities,
companies
and patents…

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TOP 10
0
50
100
150
200
250
300
350
400
University of
Caliphornia
MIT Stanford
University
Wisconsin
University
Tsinghua
University.
University of
Texas
California
Institute of
Tech.
National
Taiwan
University
University of
Michigan
University of
Illinois
UNIVERSITIES, US PATENT OWNERS, 2012

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0
20
40
60
80
100
120
140
160
180
200
Northwestern
Univ.
Univ. of
Caliphornia
Columbia Univ. New York Univ. Princeton Univ. MIT Univ. of
Washington
Stanford Univ. Univ. of Texas Univ. of
Wisconsin
US UNIVERSITIES, 2011 Licencing income (milions US $)
TOP 10

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Source: WIPO, 2014
Electrical Machinery,
Apparatus, Energy
14,897
Computer Technology
14,684
Digital Communication
14,059
Medical Technology
11,920
Measurements
7,952
Top 5 Technologies, PCT applications 2013

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Source: WIPO, 2014
0
500
1,000
1,500
2,000
2,500
3,000
COMPANIES, 2013 PCT Applications, Top 15 Applicants

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0
1000
2000
3000
4000
5000
6000
7000
COMPANIES, 2013 Grants, Top 20 US Patent Office
Source: IFI CLAIMS®, 2013

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Thank you !
Kostas Abatzis,
INDUSTRIAL PROPERTY ORGANIZATION (O.B.I.)
Director, Applications & Grants
: +30 210 6183521
e-mail: kaba@obi.gr