9 abatzis presentation mare
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The document discusses intellectual property protection in Greece and abroad. It covers the typical steps in commercializing a research invention, including evaluating commercial potential, intellectual property protection through patents or other means, licensing, and revenue generation. It provides an overview of the patenting process and requirements in Greece, as well as filing for patents in other countries or regions like Europe. The types of intellectual property protection are also summarized, along with statistics on university and corporate patenting activity.
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9 abatzis presentation mare
- 1. 1 Protection of inventions and research results in Greece and abroad K. ABATZIS, INDUSTRIAL PROPERTY ORGANIZATION (Ο.Β.Ι.) Director, Applications & Grants
- 2. 2 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 …
- 3. 3 • 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?
- 4. 4 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?
- 5. 5 • 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?
- 6. 6 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?
- 7. 7 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
- 8. 8 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:
- 9. 9 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.
- 10. 10 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!
- 11. 11 • 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.
- 12. 12 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)
- 13. 13 Protection of inventions in Greece • Patents • Utility models • Industrial Designs • Supplementary Protection Certificates (SPCs) • Validations of European Patents • Registration of Transfer of Technology Agreements
- 14. 14 Inventions and designs in Greece (2013) GR Patents EP Provisional Protection Gr Utility Models EP Validations SPCs Designs
- 15. 15 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
- 16. 16 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
- 17. 17 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
- 18. 18 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
- 19. 19 • 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
- 20. 20 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
- 21. 21 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
- 22. 22 • 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?
- 23. 23 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
- 24. 24 …Greece?… …Europe?… … Worldwide? !!! WHERE should I apply for protection
- 25. 25 • 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!
- 26. 26 Some statistics about Universities, companies and patents…
- 27. 27 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
- 28. 28 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
- 29. 29 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
- 30. 30 Source: WIPO, 2014 0 500 1,000 1,500 2,000 2,500 3,000 COMPANIES, 2013 PCT Applications, Top 15 Applicants
- 31. 31 0 1000 2000 3000 4000 5000 6000 7000 COMPANIES, 2013 Grants, Top 20 US Patent Office Source: IFI CLAIMS®, 2013
- 32. 32 Thank you ! Kostas Abatzis, INDUSTRIAL PROPERTY ORGANIZATION (O.B.I.) Director, Applications & Grants : +30 210 6183521 e-mail: [email protected]