Can I patent this The invention process and its pitfalls

1
Can I patent this? The invention process and its
pitfalls
2
Can I patent this?

• What is a Patent?

3
Can I patent this?

• What is a Patent?
• Invention

4
Can I patent this?

• What is a Patent?
• Invention
• Exceptions

5
Can I patent this?

• What is a Patent?
• Invention
• Exceptions
• Getting a patent

6
Can I patent this?

• What is a Patent?

7
Can I patent this?

• What is a Patent?
• A Patent is a legal document conferring on its
  holder, for a fixed period, the right to exclude
  all others from exploiting (e.g. making, selling,
  using, importing) the disclosed invention, save
  with the holders consent.
• Usually 20 years from filing date (Ireland,
  EPO).
• See Irish Patents Act, 1992, Chapter VI
  European Patent Convention Article 64

8
Can I patent this?

• What is a Patent?
• A Patent is a technical document, which must
  disclose the invention in a manner sufficiently
  clear and complete for it to be carried out by a
  person skilled in the art.
• (Irish) Patents Act, Section 19(1)

9
Can I patent this?

• Quid pro quo.
• For a full disclosure, the patentee gets a
  monopoly.

10
Can I patent this?

• Origins
• Letters patent - an open document from a
  sovereign or government conferring a right.
• Patent - ME f. OF patent and L. patere (lie open)

11
Can I patent this?

• A bit of history...

12
Can I patent this?

• A bit of history...
• 1421 Filippo Brunelleschi a hoisting apparatus
  for loading unloading marble blocks from ships.
  
• 7 year monopoly granted by City of Florence.

13
Can I patent this?

• A bit of history...
• 1421 Filippo Brunelleschi a hoisting apparatus
  for loading unloading marble blocks from ships.
  
• 7 year monopoly granted by City of Florence.
• 1449 John of Utynam method of staining glass.
• Flemish, granted 20 year monopoly on condition
  that he taught his art to English apprentices.

14
Can I patent this?

• A bit of history...
• 1421 Filippo Brunelleschi a hoisting apparatus
  for loading unloading marble blocks from ships.
  
• 7 year monopoly granted by City of Florence.
• 1449 John of Utynam method of staining glass.
• Flemish, granted 20 year monopoly on condition
  that he taught his art to English apprentices.
• 1474 City of Venice prohibited unauthorised
  copying of inventions (10 year monopoly,
  infringers fined 100 ducats).

15
Can I patent this?

• A bit of history...
• 1421 Filippo Brunelleschi a hoisting apparatus
  for loading unloading marble blocks from ships.
  
• 7 year monopoly granted by City of Florence.
• 1449 John of Utynam method of staining glass.
• Flemish, granted 20 year monopoly on condition
  that he taught his art to English apprentices.
• 1474 City of Venice prohibited unauthorised
  copying of inventions (10 year monopoly,
  infringers fined 100 ducats).
• 1624 Statute of Monopolies 14 year monopoly to
  first and true inventor.

16
Can I patent this?

• Patentability
• An invention shall be patentable if it is
  susceptible to industrial application, is new and
  involves an inventive step.
• IPA, S9(1)

17
Can I patent this?

• Patentability
• An invention shall be patentable if it is
  susceptible to industrial application, is new and
  involves an inventive step.
• IPA, S9(1)
• New novel

18
Can I patent this?

• Patentability
• An invention shall be patentable if it is
  susceptible to industrial application, is new and
  involves an inventive step.
• IPA, S9(1)
• New novel
• Inventive step not obvious

19
Can I patent this?

• Patentability
• An invention shall be patentable if it is
  susceptible to industrial application, is new and
  involves an inventive step.
• IPA S9(1)
• New novel
• Inventive step not obvious
• Susceptible to industrial application technical
  in character

20
Can I patent this?

• Novelty

21
Can I patent this?

• Novelty
• An invention shall be considered new if it does
  not form part of the state of the art.
• IPA S11(1)

22
Can I patent this?

• Novelty
• An invention shall be considered new if it does
  not form part of the state of the art.
• IPA S11(1)
• State of the Art
• comprises everything available to the
  public... by means of an oral or written
  description, by use, or in any other way, before
  the date of filing of the patent application.
• IPA S11(2)

23
Can I patent this?

• Prejudicial disclosure

24
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states

25
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• Scientific publications
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states

26
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• Scientific publications
• Newspaper articles
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states

27
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• Scientific publications
• Newspaper articles
• Public demonstrations
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states
• But NOT Official Exhibitions recognised by
  Paris Convention (lt6 months before filing)

28
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• Scientific publications
• Newspaper articles
• Public demonstrations
• Sale/distribution of embodiments
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states
• But NOT Official Exhibitions recognised by
  Paris Convention (lt6 months before filing)

29
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• Scientific publications
• Newspaper articles
• Public demonstrations
• Sale/distribution of embodiments
• Conversation!
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states
• But NOT Official Exhibitions recognised by
  Paris Convention (lt6 months before filing)

30
Can I patent this?

• Prejudicial disclosure
• Previous patents/applications
• Scientific publications
• Newspaper articles
• Public demonstrations
• Sale/distribution of embodiments
• Conversation!
• But NOT EPC Applications already filed, prior
  to publication, designating different contracting
  states
• But NOT Official Exhibitions recognised by
  Paris Convention (lt6 months before filing)

31
Can I patent this?

• Inventive step

32
Can I patent this?

• Inventive step
• An invention shall be considered as involving an
  inventive step if, having regard to the state of
  the art, it is not obvious to a person skilled in
  the art. IPA S13

33
Can I patent this?

• Inventive step
• An invention shall be considered as involving an
  inventive step if, having regard to the state of
  the art, it is not obvious to a person skilled in
  the art. IPA S13
• Skilled person
• A hypothetical individual, fully versed in state
  of the art in the relevant field of technology at
  date of filing, but unimaginative.

34
Can I patent this?

• Lack of invention

35
Can I patent this?

• Lack of invention
• Application of known measures
• e.g. elastic vs. sprung component

36
Can I patent this?

• Lack of invention
• Application of known measures
• e.g. elastic vs. sprung component
• Obvious combinations of features
• sausage machine known mincer known filler

37
Can I patent this?

• Lack of invention
• Application of known measures
• e.g. elastic vs. sprung component
• Obvious combinations of features
• sausage machine known mincer known filler
• Obvious selection
• temp/pressure criteria arrived at by routine
  trial and error
• light bulb toothbrush

38
Can I patent this?

• Industrial susceptibility (applicability)

39
Can I patent this?

• Industrial susceptibility (applicability)
• An invention shall be considered as susceptible
  of industrial application if it can be made or
  used in any kind of industry, including
  agriculture.
• IPA S14

40
Can I patent this?

• Industrial susceptibility (applicability)
• An invention shall be considered as susceptible
  of industrial application if it can be made or
  used in any kind of industry, including
  agriculture.
• IPA S14
• Industry
• Any activity of technical character.

41
Can I patent this?

• Industrial susceptibility (applicability)
• An invention shall be considered as susceptible
  of industrial application if it can be made or
  used in any kind of industry, including
  agriculture.
• IPA S14
• Industry
• Any activity of technical character.
• Feasibility requirement, excludes inventions
  operating contrary to established physical laws
• e.g. perpetual motion/time travel machines

42
Can I patent this?

• Exceptions to patentability

43
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations

44
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations
• Aesthetic creations (works of art)

45
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations
• Aesthetic creations (works of art)
• Methods

46
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations
• Aesthetic creations (works of art)
• Methods
• playing games (rules)

47
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations
• Aesthetic creations (works of art)
• Methods
• playing games (rules)
• performing mental acts

48
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations
• Aesthetic creations (works of art)
• Methods
• playing games (rules)
• performing mental acts
• doing business

49
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  methods/equations
• Aesthetic creations (works of art)
• Methods
• playing games (rules)
• performing mental acts
• doing business
• Presentation of information

50
Can I patent this?

• Exceptions to patentability
• Scientific theories mathematical
  equations/methods
• Aesthetic creations (works of art)
• Methods
• playing games (rules)
• performing mental acts
• doing business
• Presentation of information
• Computer programs, per se

51
Can I patent this?

• Exceptions to patentability
• Medical treatments/therapies/diagnostic methods

52
Can I patent this?

• Exceptions to patentability
• Medical treatments/therapies/diagnostic methods
• Specific animal/plant varieties (UPOV)

53
Can I patent this?

• Exceptions to patentability
• Medical treatments/therapies/diagnostic methods
• Specific animal/plant varieties (UPOV)
• Inventions contrary to public order/morality

54
Can I patent this?

• Getting a patent
• Where?

55
Can I patent this?

• Getting a patent
• Where is my market?
• Does my product have universal or local appeal?
• How much protection do I need?
• Do the potential costs justify the protection
  sought?
• How sure am I that Im the first to have done
  this?
• Priority Esp_at_cenet Costs

56
Can I patent this?

• Getting a patent
• Where?
• National ((Irish) Patents Office)
• Patents for Ireland

57
Can I patent this?
58
Can I patent this?

• Getting a patent
• National Route
• National ((Irish) Patents Office)
• Patents for Ireland only
• Irish PO allows for 2 patent types
• Full Term
• Short Term

59
Can I patent this?

• Getting a patent
• National Route
• Full Term
• 20 year validity
• Must be supported by search or evidence of
  novelty
• Enforceable at grant

60
Can I patent this?

• Getting a patent
• National Route
• Full Term
• 20 year validity
• Must be supported by search or evidence of
  novelty
• Enforceable at grant
• Short Term
• 10 year validity
• No proof of novelty required prior to grant
• May not be enforced post-grant without proof of
  novelty
• Reduced fees

61
Can I patent this?

• Getting a patent
• Where?
• European Patent Office (EPO)
• European Patent Convention (EPC)
• 32 Member States (EU27 CH, LI, MC, TR, IS)
• 1 Application covers any or all (nominated)
  contracting states

62
Can I patent this?
EPC Members EPC Extension EAPO Members Other PCT
63
Can I patent this?

• Getting a patent
• European Route

64
Can I patent this?

• Getting a patent
• European Route
• Application at EPO or any designated Member State
  National Office

65
Can I patent this?

• Getting a patent
• European Route
• Application at EPO or any designated Member State
  National Office
• Procedure to grant managed solely by EPO

66
Can I patent this?

• Getting a patent
• European Route
• Application at EPO or any designated Member State
  National Office
• Procedure to grant managed solely by EPO
• Upon grant, patent is unbundled i.e. becomes a
  national patent in every designated state.

67
Can I patent this?

• Getting a patent
• European Route
• Application at EPO or any designated Member State
  National Office
• Procedure to grant managed solely by EPO
• Upon grant, patent is unbundled i.e. becomes a
  national patent in every designated state.
• Further maintenance done separately at each
  relevant national office

68
Can I patent this?

• Getting a patent
• Where?
• World Intellectual Property Organisation
• Patent Co-operation Treaty (PCT)
• 136 Signatory States (as of 01 February 2007)
• Allows Search Report acceptable in all designated
  signatory states

69
Can I patent this?
PCT Signatory States 136 _at_ 01 February 2007
70
Can I patent this?
World Regional Patent Offices EPO Extension
States ARIPO African Regional Industrial Property
Organisation EAPO Eurasian Patent Office OAPI
Organisation Africaine de la Propriété
Intellectuelle Other PCT States No extranational
affiliation
71
Can I patent this?

• Getting a patent
• PCT Route

72
Can I patent this?

• Getting a patent
• PCT Route
• Application may be filed at IE, EP or WIPO Offices

73
Can I patent this?

• Getting a patent
• PCT Route
• Application may be filed at IE, EP or WIPO
  Offices
• May designate any Member State or Region

74
Can I patent this?

• Getting a patent
• PCT Route
• Application may be filed at IE, EP or WIPO
  Offices
• May designate any Member State or Region
• Must nominate Search Authority (EP, WIPO)

75
Can I patent this?

• Getting a patent
• PCT Route
• Application may be filed at IE, EP or WIPO
  Offices
• May designate any Member State or Region
• Must nominate Search Authority (EP, WIPO)
• PCT provides search report valid in every
  designated State and/or Region

76
Can I patent this?

• Getting a patent
• PCT Route
• Application may be filed at IE, EP or WIPO
  Offices
• May designate any Member State or Region
• Must nominate Search Authority (EP, WIPO)
• PCT provides search report valid in every
  designated State and/or Region
• IE cannot be directly designated for PCT

77
Can I patent this?

• Getting a patent
• PCT Route
• Application may be filed at IE, EP or WIPO
  Offices
• May designate any Member State or Region
• Must nominate Search Authority (EP, WIPO)
• PCT provides search report valid in every
  designated State and/or Region
• IE cannot be directly designated for PCT
• Must nominate EPO resulting EP patent may carry
  IE designation End

78
Can I patent this?

• Getting a patent
• Recap
• Three routes to Patent valid in Ireland
• IE national application (Short or Full Term)
• EPO Application designating Ireland
• PCT application designating EPO Region (including
  IE)

79
Can I patent this?

• Getting a patent
• IE National Procedure

80
Can I patent this?

• Getting a patent
• IE National Procedure
• Application Specification
• Title (relevant to invention)
• Description (of the invention)
• Claims (legal definition of scope of invention)
• Abstract (for search purposes)
• Application Form
• Fees
• Skip claims

81
Can I patent this?

• Getting a patent
• IE National Procedure
• Claims
• Define legal scope of invention
• Description assists in interpretation of claims

82
Can I patent this?

• Getting a patent
• IE National Procedure
• Bad Claims
• A folding ladder for accessing attic spaces.

83
Can I patent this?

• Getting a patent
• IE National Procedure
• Bad Claims
• A folding ladder for accessing attic spaces.
• A medicament for treating acne.

84
Can I patent this?

• Getting a patent
• IE National Procedure
• Bad Claims
• A folding ladder for accessing attic spaces.
• A medicament for treating acne.
• A method for reducing petrol consumption in a
  vehicle characterised in that the vehicle
  operates at a reduced cost to the user.

85
Can I patent this?

• Getting a patent
• IE National Procedure
• Bad Claims
• A folding ladder for accessing attic spaces.
• A medicament for treating acne.
• A method for reducing petrol consumption in a
  vehicle characterised in that the vehicle
  operates at a reduced cost to the user.
• The user will immediately see the benefits of my
  invention.

86
Can I patent this?

• Getting a patent
• IE National Procedure
• Good Claims

87
Can I patent this?

• Getting a patent
• IE National Procedure
• Good Claims
• Define legal scope of invention
• Description assists in interpretation of claims

88
Can I patent this?

• Getting a patent
• IE National Procedure
• Good Claims
• Define legal scope of invention
• Description assists in interpretation of claims
• Each claim must characterise an invention by its
  technical features

89
Can I patent this?

• Getting a patent
• IE National Procedure
• Good Claims
• Define legal scope of invention
• Description assists in interpretation of claims
• Each claim must characterise an invention by its
  technical features
• Each claim must describe a complete embodiment

90
Can I patent this?

• 1. A bale wrapping apparatus comprising a
  wrapping table for supporting and rotating square
  bales, and a wrapping film dispenser,
  characterised in that the wrapping table
  comprises
•   
• a table frame
•  
• laterally spaced-apart rollers, with at least
  one belt wound to provide a flexible
  bale- supporting platform between the rollers
•  
• a drive means for rotating the rollers for
  rotating the rollers so that they in turn rotate
  the belt(s) to provide a moving platform
•  
• a roller support means which allows each roller
  to move laterally, so that the belt accommodates
  orientation of a bale in use.
•  
• 2. A bale wrapping apparatus according to claim
  1, wherein the apparatus further comprises a
  curved bale-dispensing plate, pivotally connected
  to the frame, for dispensing a wrapped bale to
  the ground.

91
Can I patent this?

• 1. A process for treating waste material
  comprising
•  
• mixing the waste material with an additive for
  causing an exothermic reaction in the mixture
  and for raising the pH of the mixture,
•  
• aerating and reducing the particle size of the
  mixture, and
•  
• dehydrating the mixture.
•  
• 2. A process as claimed in claim 1 in which the
  additive for causing the exothermic reaction in
  the mixture and for raising the pH of the mixture
  is selected from a group comprising lime,
  quicklime, dolomitic lime, cement kiln dust and
  lime kiln dust.

92
Can I patent this?

• Getting a patent
• Technical check for publication
• Eligibility
• Unity
• Classification
• Abstract
• Formal presentation

93
Can I patent this?

• Getting a patent
• Proof of Novelty
• Search Report (Section 29)
• Focus on published patent documents and NPL
• Evidence (Section 30)
• EPO Search Report or Granted Specification
• UK Search Report or Granted Specification
• DE Search Report or Granted Specification
• PCT Search Report
• Either EP originating or from 3rd Party State
  using EP as Search Authority

94
Can I patent this?

• Getting a patent
• Proof of Novelty
• Search Report (Section 29)
• Focus on published patent documents and NPL
• Evidence (Section 30)
• EPO Search Report or Granted Specification
• UK Search Report or Granted Specification
• DE Search Report or Granted Specification
• PCT Search Report
• Amendments (if required)
• Either EP originating or from 3rd Party State
  using EP as Search Authority

95
Can I patent this?

• Getting a patent
• Examination for Grant
• Allowability of claims
• Scope
• Unity
• Reclassification
• Formal presentation

96
Can I patent this?

• Getting a patent
• Amendments
• Pre-grant (Section 32)
• Post-grant (Section 38)
• Scope vs. original filing
• Revocations
• Decisions (revocation, partial revocation,
  upholding)
• Infringement
• Hearings

97
Can I patent this?

• Getting a patent
• Short Term Patents
• As Technical check for Full-term, plus
• Deemed Void
• Inventive Step

98
Can I patent this?

• Getting a patent
• Short Term Patents
• As Technical check for Full-term, plus
• Deemed Void
• Inventive Step
• No prior requirement to establish novelty.

99
Can I patent this?

• Getting a patent
• Supplementary Protection Certificates (SPCs)
• For Medicinal or Plant Protection products
• Compensates Patentee for gap between Patent
  filing and Market Authorisation
• ? 5 years extra patent protection for specific
  products

100
Can I patent this?

• In summary

101
Can I patent this?

• In summary
• Quid pro quo - Monopoly in return for disclosure

102
Can I patent this?

• In summary
• Quid pro quo - Monopoly in return for disclosure
• Inventions must be
• New (go beyond state of the art)

103
Can I patent this?

• In summary
• Quid pro quo - Monopoly in return for disclosure
• Inventions must be
• New (go beyond state of the art)
• Inventive (non-obvious)

104
Can I patent this?

• In summary
• Quid pro quo - Monopoly in return for disclosure
• Inventions must be
• New (go beyond state of the art)
• Inventive (non-obvious)
• Industrially applicable (technical and useful)

105
Can I patent this?

• In summary
• Quid pro quo - Monopoly in return for disclosure
• Inventions must be
• New (go beyond state of the art)
• Inventive (non-obvious)
• Industrially applicable (technical and useful)
• Three routes to an Irish Patent

106
Can I patent this?
Questions???
107
Can I patent this?

• Special matters
• Computer programs
• Business methods
• Biotechnology issues

108
Can I patent this?

• Special matters - Computer programs

109
Can I patent this?

• Special matters - Computer programs
• Computer programs per se not patentable

110
Can I patent this?

• Special matters - Computer programs
• Computer programs per se not patentable
• Technical character/technical effect

111
Can I patent this?

• Special matters - Computer programs
• Computer programs per se not patentable
• Technical character/technical effect
• What is decisive is the technical contribution of
  the invention
• Does the software solve a technical problem?

112
Can I patent this?

• Special matters - Computer programs
• Computer programs per se not patentable
• Technical character/technical effect
• What is decisive is the technical contribution of
  the invention
• Does the software solve a technical problem?
• Key decisions
• Vicom T208/84 (digital image enhancement,
  efficient algorithm)
• IBM T935/97 (overlay of computer windows, data
  visibility)
• Koch Sterzel T26/86 (X-Ray apparatus,
  calculation of optimum exposure parameters)

113
Can I patent this?

• Special matters - Business Methods
• Business methods per se not patentable
• Technical character/technical effect
• What is decisive is the technical contribution of
  the invention
• Does the invention solve a technical problem?
• Key decision
• Sohei, T769/92 (Business management software,
  data management)

114
Can I patent this?

• Special matters - EU Biotechnology directive
  (98/44/EC)
• Ethical considerations

115
Can I patent this?

• Special matters - EU Biotechnology directive
  (98/44/EC)
• Ethical considerations
• The human body, at the various stages of its
  formation and development, and the simple
  discovery of one of its elements, including the
  sequence or partial sequence of a gene, shall not
  be patentable.

116
Can I patent this?

• Special matters - EU Biotechnology directive
  (98/44/EC)
• Ethical considerations
• The human body, at the various stages of its
  formation and development, and the simple
  discovery of one of its elements, including the
  sequence or partial sequence of a gene, shall not
  be patentable.
• processes for
• cloning human beings,
• modifying the germ line genetic identity of human
  beings,
• modifying the genetic identity of animals which
  is likely to cause them suffering without any
  substantial medical benefit to man or animal, and
  animals resulting from such a process.

117
Can I patent this?

• Special matters - EU Biotechnology directive
  (98/44/EC)
• Ethical considerations
• The human body, at the various stages of its
  formation and development, and the simple
  discovery of one of its elements, including the
  sequence or partial sequence of a gene, shall not
  be patentable.
• processes for
• cloning human beings,
• modifying the germ line genetic identity of human
  beings,
• modifying the genetic identity of animals which
  is likely to cause them suffering without any
  substantial medical benefit to man or animal, and
  animals resulting from such a process.
• the use of human embryos for industrial or
  commercial purposes.

118
Can I patent this?

• Getting a patent
• What type?

119
Can I patent this?

• Getting a patent

• National

120
Can I patent this?

• Getting a patent
• Full term
• 20 years
• 125 Application Fee
• Search Report (361) / Evidence of Novelty (86)
• Grant fee 64
• Renewal
• 3rd year 60
• 10th year 220
• 20th year 468
• Average 257.11

• National

121
Can I patent this?

• Getting a patent
• Full term
• 20 years
• 125 Application Fee
• Search Report (361) / Evidence of Novelty (86)
• Grant fee 64
• Renewal
• 3rd year 60
• 10th year 220
• 20th year 468
• Average 257.11

• National
• Short term
• 10 years
• 60 Application Fee
• No Evidence required
• No more than 5 Claims
• Grant fee 30
• Renewal
• 3rd year 30
• 10th year 110
• Average 116.38

122
Can I patent this?

• Getting a patent

• European

123
Can I patent this?

• Getting a patent
• European
• 20 years
• Application 125 ( Designation 75
  per ctry)
• Search 690 / Examination 1430
• Grant 715
• Renewal
• 3rd year 380
• ?10th year 1020
• Patent then reverts to national patent in each
  designated country

• European

124
Can I patent this?

• Getting a patent
• European
• 20 years
• Application 125 ( Designation 75
  per ctry)
• Search 690 / Examination 1430
• Grant 715
• Renewal
• 3rd year 380
• ?10th year 1020
• Patent then reverts to national patent in each
  designated country

• European
• Average cost of a European patent 30530
• EPO processing 4400
• Representations _at_ EPO 9630
• Validation 6650
• National Renewals 10900
• based on 6 states/10 year term, average for
  2002/2003 Source EPO

125
Can I patent this?

• Getting a patent

• PCT

126
Can I patent this?

• Getting a patent
• PCT
• 20 years
• Transmittal 76
• Basic fee 902 (Designation 10)
• Search Fee (1550) / Preliminary Exam (1530
  129 handling)
• Patent then reverts to national patent in each
  designated country

• PCT

127
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• Getting a patent
• PCT
• 20 years
• Transmittal 76
• Basic fee 902 (Designation 10)
• Search Fee (1550) / Preliminary Exam (1530
  129 handling)
• Patent then reverts to national patent in each
  designated country.

• PCT
• Note A PCT cannot be used directly for obtaining
  a national patent in Ireland
• PCT valid for European patent designating Ireland
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128
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• Esp_at_cenet (http//ep.espacenet.com)

129
Can I patent this?

• Esp_at_cenet (http//ep.espacenet.com)
• EPO-supported on-line patent database

130
Can I patent this?

• Esp_at_cenet (http//ep.espacenet.com)
• EPO-supported on-line patent database
• Allows searching of over 30 million patent
  documents

131
Can I patent this?

• Esp_at_cenet (http//ep.espacenet.com)
• EPO-supported on-line patent database
• Allows searching of over 30 million patent
  documents
• Search by
• Keyword (title and/or abstract)
• Technical field
• Biographical data (applicant, doc. no., inventor,
  c)

132
Can I patent this?

• Esp_at_cenet (http//ep.espacenet.com)
• EPO-supported on-line patent database
• Allows searching of over 30 million patent
  documents
• Search by
• Keyword (title and/or abstract)
• Technical field
• Biographical data (applicant, doc. no., inventor,
  c)
• Can view scanned originals or read text.

133
Can I patent this?

• Priority

134
Can I patent this?

• Priority
• First filing (e.g. at IE office)

135
Can I patent this?

• Priority
• First filing (e.g. at IE office)
• 12 months period

136
Can I patent this?

• Priority
• First filing (e.g. at IE office)
• 12 months period
• Subsequent filing (e.g. at EPO) gets priority
  date of 1st filing

137
Can I patent this?

• Priority
• First filing (e.g. at IE office)
• 12 months period
• Subsequent filing (e.g. at EPO) gets priority
  date of 1st filing
• Intervening applications not prior art
• Return

138
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139
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140
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141
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