STEPS Dec ‘12 When to Patent and When to Publish.

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STEPS Dec ‘12 When to Patent When to Patent and When to and When to Publish Publish

Transcript of STEPS Dec ‘12 When to Patent and When to Publish.

Page 1: STEPS Dec ‘12 When to Patent and When to Publish.

STEPSDec ‘12

When to Patent and When to Patent and When to PublishWhen to Publish

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STEPSDec ‘12

The Wealth of Nations

Source; Where is the Wealth of Nations? World Bank 2005 data

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STEPSDec ‘12

Conversion is Key

Innovation is the way of transforming the resources of an enterprise through the creativity of people into new resources and wealth (Paul Schumann)

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Knowledge EconomyGovernment Policy and Structure

Irish Owned Enterprise

Policy Analysisand Advice

Inward Investment

Scientific Research

• Science Funding & Industry Development in one Dept.

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Knowledge EconomyGovernment Policy and Structure

• Strategy for Science, Technology & Innovation (2007 to 2013); building R&D capability with linkages to economic output

• Building Ireland’s Smart Economy (2009 to 2014); economic renewal and leveraging of R&D investment

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• ‘The new policy focuses on the intended consequences of this major R&D investment. The new term that enters the R&D vocabulary is that of creating the Innovation Island. The focus now is to translate knowledge creation into economic return.’

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Ireland aims to provide an exemplary innovation ecosystem that creates economic and societal benefits, especially the creation of sustainable jobs. An essential condition for this is a user-friendly system that enables industry and the public research sector to work well together and which encourages the commercialisation of all forms of intellectual property (‘IP’) arising from research in the public sector.“Putting Public Research to Work for Ireland”

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Milestones

• Invention disclosures

• Patents & other IP

– Filed & Granted

• Licenses

• Spin-offs

Capture

Protect

CommercialiseIncr

easi

ng C

omm

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rite

ria

Case Manager

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IP is Jurisdictional

• What applies in one country may not in another

• An Irish patent will not protect you in the UK

• Convergence through international treaties• Multi-national Systems –EPO, WIPO

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Patents and Publications

• Major way to inform scientific community of new discoveries.

• Wide use of Scientific Citation Index (h index).• Decision to file a patent application can delay

the publication • Cannot immediately announce new results

without some loss of patent rights.

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What is a patent?

• Exclusive right for an inventiono which is a product or a process that

provides a new way of doing something, or offers a new technical solution to a problem

• In return for:o obligation to publicly disclose information

First Irish Patent (May 1929) to Hannah Mary Smith

“Starting cages for dogs and the like”First US patent (July 1790) to Samuel Hopkins of Vermont

a potash production technique

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What does a patent do?

• Protection for the invention to the owner of the patent.

• Limited period, generally 20 years.• What kind of protection?

o Invention cannot be commercially made, used, distributed or sold without the patent owner's consent

o Usually enforced in a court (jurisdictional)

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Legal Forms of IP

o Patents (inventions / technology)o Trademarks (brands)o Design Rights (product design)o Copyright (text, recordings,

software)o Database Rights

Statutory

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Patents – why they matter

• China Overtakes U.S. as the World’s Largest Filer of Patents– Posted on December 17, 2012

• On August 24, 2012 the jury found that Samsung had willfully infringed on Apple's design and utility patents related to the iPhone. The jury awarded Apple $1.049 billion in damages

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STEPSDec ‘12

- examples of IP

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Requirements for a Patent

• have some usefulness (utility), no matter how trivial

• be novel (that is, it must be different from all previous inventions in some important way)

• be non-obvious (a surprising and significant development) to somebody who understands the technical field of the invention.

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Stages in Patent

1. Initial application2. PCT (Patent Co-

operation Treaty) [optional]

3. Nationalisation4. Examination5. Granting

Stage

4-6K13-17K

N*2K (+trans)20-40K

012

3030-5550+

Cost (€)Time

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Patents and Publications

Patent applications can be ruined by premature publication of research.

Publication = anything which has been made available to the public anywhere in the world by written or oral description, by use etc– learned papers, journals, magazines– abstracts– theses– web pages and e-mail– poster displays– exhibitions– open days– casual oral disclosure– confidential disclosures to many people

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What to do

• Is there something new in results of commercial merit

• Discuss with Supervisor• Contact Office of Technology Transfer &

Meet with Case Manager• Submit Invention Disclosure Form (IDF) • IDF Evaluated by Case Manager for

commercial opportunity• Protection Secured by Office of

Technology Transfer• Publish

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Michael Jackson, Singer.Patent #5,255,452 — Method and means for creating anti-gravity Illusion

                                 Abraham Lincoln, US President.Patent #6,469 — [Method of] Buoying vessels over shoals

                                                  

Celebrity Patents

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IP Protection Details

• Maintain your Lab Notebookso Keep good noteso Get appropriate sign-off

• New Inventionso Report through IDF – on TTO website –

sign & send to officeo Formal evaluation through TTO

Technical & Commercialo Go/no go to patent process and/or

commercialisation• Talk to the Tech Transfer office!!

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IP Protection Details

• Material Transfero MTA required on transfer of materialo External MTA’s require reviewo Sign off by researcher & TTO

• Confidentialityo CDA required for outside discussionso External CDA require reviewo Appropriate documents should be marked

as confidentialo Researcher Undertakings

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Conclusions

Intellectual Property Rights can be • Complicated• Expensive• Lengthy• Valuable• Currency of Innovation• Part of all of our future

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If in doubt say nothing, and keep saying it

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STEPSDec ‘12

Contact

David Corkery

Operations Manager

Technology Transfer

techtransfer @ ucc.ie

O21 420 5882


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