Basic Introduction to Patents and utility models

Transcription

1 Basic Introduction to Patents and utility models Henri Dou CIWORLDWIDE Henri Dou, Director of ATELIS (ESCEM Business School), Research Professor Peking University, Emerit Professor University Aix Marseille Competitors are present worldwide. When you intend to export, or when you need to protect your national market you must take care of the various ways to protect your intellectual asset. 1

2 Most common mistakes Believing that IP protection is universal Assuming that laws and procedures for the protection of IP rights are the same worldwide Not checking wether a trademark is already registered or is being used by competitors in the export market No using the regional of international protection system Applying too late for IP protection abroad Disclosing information too early of withou disclosure agreement Infringing the IP rights of other Not defining issueof ownership of IPrights when outsourcing manufacturing Seeking to license a product in a market where the relevant patent or design is not protected 2

3 Patenting in Cameroon Name: Ministry of Industrial and Commercial Development Address: Boîte postale 1604 Yaoundé, Cameroon Phone: Fax: African IntellectualProperty Organization / Organisation Africaine de la Propriété Intellectuelle (OAPI) OPAI is an international organization dedicated to promoting the use and protection of intellectual property. Based in Yaoundé, Cameroon, OAPI has 16 member states and administers various international treaties dealing with different aspects of intellectual property protection Structure of a patent Most avluable patent informatio n are present in the first page of a patent The most important tfields for Competitive Technical lintelligence 3

4 4

5 The IPC International Patent Classification The IPC International Patent Classification D03 5

6 International Patent Classification and Catch words Example: search for solar panels Using catch words looking for a relevant catch word Panel (not present) Solar (present) Swearch for solar panels Selection of : F24J 2/00 6

7 Utility model From Wikipedia, the free encyclopedia Utility Models A utility model is an intellectual property right to protect inventions. This right is available in a number of national legislations, such as Argentina, Austria, Brazil, Chile, China, Denmark, Finland, France, Germany, Hungary, Italy, Japan, Malaysia, Mexico, Morocco, Philippines, Poland, Portugal, Russia, South Korea, Spain, Taiwan, Uzbekistan, etc. [1] It is very similar to the patent, but usually has a shorter term (often 6 or 10 years) and less stringent patentability requirements. The German and Austrian utility model is called the "Gebrauchsmuster", which influenced some other countries such as in Japan. The utility model in Indonesia is called a "Petty Patent". Utility Models Definition A utility model is a statutory monopoly granted for a limited time in exchange for an inventor providing sufficient teaching of his or her invention to permit a person of ordinary skill in the relevant art to perform the invention. The rights conferred by utility model laws are very similar to those granted by patent laws, but are more suited to what may be considered as "incremental inventions" [2]. Terms such as "petty patent", "innovation patent", "minor patent", and "small patent" may also be considered to fall within the definition of "utility model". [3] A "utility innovation" is available in Malaysia. [4] Utility model applications may be prepared and filed at local patent offices in countries where utility model protection is available. Alternatively, an international patent application may be filed in a country belonging to the Patent Cooperation Treaty. Most countries belonging to the treaty and having utility model laws permit utility model applications to proceed as national phase applications of the international patent application 7

8 Trade mark and trade names Industrial designs 8

9 Short Bibliography The information and definitions presented in the following slides make a large use of the data from: Secrets of Intellectual Property,A guide for small and medium sized Exporters, WIPO, Address: WIPO, 34 chemin des Colombettes, CH 1211 Geneva 20, Switzerland. Telephone: Fax: E mail: wipo.mail@wipo.int Internet: E mail SMEs Division: sme@wipo.int Internet SMEs Division: See also ' We also use data from: Brown &Michael : Overview of Intellectual Property For US Patents Why researchers should care about patents European Community and EPO (2007) Promotin innovation in developping countries: a conceptual framework Jean Eric Aubert, World bank Institute 2004 Utilisation des Informations de propirété industrielle pour la valorisation des ressources dans les pays en développement, Henri Dou (Chapter) in Intelligence Competitive 2.0, edition Hemés to be publish January 2010 Bibliometry technique and software for patent intelligence mining (chapter) in Managing Strategic intelligence. Techniques and Technologies Henri Dou and Jean Marie Dou Jr Editor Mark Xu, IGI Global, England ISBN May

10 The processes of building knowledge. The case of smes and distance learning Henri Dou, Dou JM Jr ISDM Information Science for Decision Making, n 17 Juin 2004 article n tln.fr/articles/num_archives.htm All these documents and papers are available in electronic format in the CD ROM Cameroon National seminar on Intellectual industrial property for SMEs Henri Dou, Douala, June 2009 Economy and development are like a football game Entrepreneurship, tepe eus p, information, ato,technologies og es are part of the game, works and experiments are necessary. Patents information is part of the key of success, so do it. Thank you for your attention sportsillustrated.cnn.com/.../index.html 10