Summary
Summary Exercises for Patents and Innovation
- Course
- Institution
The document contains some example exercises made in advance and corrected during the lecture. These exercises are what you can expect to get on the exam.
[Show more]
Seller
Follow
yevvacranshoff
Content preview
Introduction - exercises last weekQuestion 1: Consider these two documents (EP 0 996 717 B1 & WO 99/07839)
❖ Which date(s) determine(s) what publications belong to the prior art?
➢ The earliest publication date, the priority date: 05/08/1998
❖ When is the content of this patent first published?
➢ Publication date: 18/02/1999
❖ What is the connection between the EU patent and the international application?
➢ EU patent is granted on the entry into the national phase of the international application in the EU.
❖ Is this European patent valid in a) Italy and b) Norway?
➢ You need to find out whether it is valid in Italy by going to the national register or the European patent register
(espacenet). Italy is a designated state; Norway is not. It will depend on whether renewal fees were paid after
the grant date.
■ Italy: EP + PCT
■ Norway: PCT
Applicant/inventor?
❖ Who is/are the inventor(s)
➢ Inventor: in principle, the right to the invention belongs to you
❖ Who is/are the applicant(s)
➢ Applicant: the one that applies for the patent
➢ If there is an applicant, we are going to assume that it is the right applicant (EPC will not do the investigation)
⇒ They will inform the inventors that they are inventors, but they will not examine whether the designation is correct.
EPC
❖ The right shall belong to the inventor or his successor in title
➢ Successor: somebody that is entitled to get your rights
❖ Applicant may be any natural or legal person
❖ Applicant shall be deemed to be entitled to exercise the right to the European patent
❖ If the inventor is an employee, national law determine the right of the EP
❖ Disputes about entitlement (who is the rightful applicant) should be brought before the national court
➢ It is not that you can tell the EPO that he is not right person. You’ve to go to the national court
❖ EPO can interrupt proceedings upon request and, in case of decision of new owner, allows
➢ new owner to prosecute application
➢ new owner to file new application
Question 2: What is the difference between claim 1 of the PCT publication and the granted patent? What might be the reason?
❖ They changed the claims because, during examination, a product claim was not possible anymore, and they had to
change to a method claim (PCT phase, not examined yet) → fall-back claim!
❖ The scope of the claims may have to be reduced (too broad)
Question 3: Applicant/inventor?
❖ Who is/are the applicant(s)?
➢ VIB (Vlaams Interuniversitair Instituut voor Biotechnologie)
❖ Who is/are the inventor(s)
➢ Sabine Neirynck (Be), Min Jou Willy (Be), Fiers Walter (Be)
❖ What law determines the ownership of the invention
➢ Follows the Belgian law
❖ Who owns the invention?
➢ VIB (if inventors are employees → rights to the employer following Be law)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller yevvacranshoff. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.33. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
82956 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now