Lesson 1 Introduction to Intellectual Property Rights. T. Kimpfbeck

Transcription

1 Lesson 1 Introduction to Intellectual Property Rights T. Kimpfbeck

2 How to get Intellectual Property Rights (IPRs)? What are patents, trademarks, copyrights and desings? What is Intellectual Property (IP)? EUROPEAN PATENT ATTORNEY 2

3 How to get Intellectual Property Rights (IPRs)? What are patents, trademarks, copyrights and desings? What is Intellectual Property (IP)? EUROPEAN PATENT ATTORNEY 3

4 What is Intellectual Property (IP)? l l l l l Intellectual Property = IP = Geistiges Eigentum Intellectual Property Rights = IPR = Rechte zum Geistigen Eigentum Legal concept For creations of the mind (intangable assests), e.g. l Music, literature, artistic work l Inventions l Slogans, words, logos l Product forms, shapes, colours For which exclusive rights (IPRs) are recognized, e.g. l Copyrights (Urheberrechte) l Patents l Trademarks l Designs EUROPEAN PATENT ATTORNEY 4

5 PRACTICE I How to protect a mobile phone EUROPEAN PATENT ATTORNEY 5

6 PRACTICE I - Which IPR? Patent Trademark Design Copyright EUROPEAN PATENT ATTORNEY 6

7 PRACTICE I - Which IPR? Patent Trademark Design Copyright EUROPEAN PATENT ATTORNEY 7

8 PRACTICE I - Which IPR? Patent Trademark Design Copyright EUROPEAN PATENT ATTORNEY 8

9 PRACTICE I - Which IPR? Patent* Trademark Design Copyright *In US: design patent EUROPEAN PATENT ATTORNEY 9

10 PRACTICE I - Which IPR? Patent Trademark Design Copyright App Icons EUROPEAN PATENT ATTORNEY 10

11 PRACTICE I - Which IPR? Patent Trademark Design Copyright App Icons EUROPEAN PATENT ATTORNEY 11

12 PRACTICE I - Which IPR? Patent Trademark Design Copyright Music in itunes EUROPEAN PATENT ATTORNEY 12

13 PRACTICE I - Which IPR? Patent Trademark Design Copyright Music in itunes EUROPEAN PATENT ATTORNEY 13

14 PRACTICE I - Which IPR? Patent Trademark Design Copyright EUROPEAN PATENT ATTORNEY 14

15 PRACTICE I - Which IPR? Patent Trademark Design Copyright EUROPEAN PATENT ATTORNEY 15

16 How to get Intellectual Property Rights (IPRs)? What are patents, trademarks, copyrights and desings? What is Intellectual Property (IP)? EUROPEAN PATENT ATTORNEY 16

17 What is a Patent? Exclusive right no allowance Prevents others from making, using, selling, distributing the invention However, license/ sell the patent Granted by a state To an inventor or assignee For a period of 20 years In exchange for a publication after 18 months For a product/method Which is new and inventive EUROPEAN PATENT ATTORNEY 17

18 Patent Laws around the World National e.g. German Patent Law Regional e.g European Patent Convention International Patent Copperation Treaty German Utility Model (Gebrauchsmuster) Max. 10 years lifetime Only devices Cheap US-Patent 12 months grace period EP-Patent Regional bundle of patents incl. e.g. NO, CH, TR Soon: EU Unitary Patent One patent for all EU states (w/o ES, IT) EUROPEAN PATENT ATTORNEY 18

19 What is a Design? Exclusive right Granted by a state To an designer or assignee For a 2D/3D shape, configuration or composition of pattern or color, or combination of pattern and color Having aesthetic value EUROPEAN PATENT ATTORNEY 19

20 Design Laws around the World National e.g. German Design Law Regional e.g Community Design Regulation International Hague Agreement EU Non-registered EU Community Design: 2 years lifetime Design in China: max. 10 years lifetime US Design Patent: max. 14 years lifetime Registered EU-Design: 25 years lifetime EUROPEAN PATENT ATTORNEY 20

21 PRACTICE II Designs EUROPEAN PATENT ATTORNEY 21

22 PRACTICE II Design registrable? 2D or 3D appearance Whole produt or just a part of it, Resulting from features like: lines, contours, colours, shape, texture and/or materials, ornamentation Features of appearance which are solely dictated by ist technical function Features enabling one product to be functionally fitted to another one ( The Lego-Clause ) Exept spare parts! EUROPEAN PATENT ATTORNEY 22

23 PRACTICE II Protection Designs may be protected if New and Having individual character However, not examined during filing! EUROPEAN PATENT ATTORNEY 23

24 PRACTICE II What Does the Design Protect? Protected are all features being visible Visible during normal use EUROPEAN PATENT ATTORNEY 24

25 PRACTICE II Registrable? Good protection? Example Design Registrable y/n? 3D Aesthetic contoure and colour No exceptions fulfilled Yes, register criterions fullfilled Small scope of protection due to colours Ventilation slots are technical but their form and position is free Yes, register criterions fullfilled Also ventilation slots are protected! Yes, register criterions fullfilled However, obviously not new! Bad protection!

26 What is a Trademark? Microsoft l A sign guaranteeing the origin, the nature and the quality of goods and services Adidas Opel Audi l For renewable periods of 10 years each l l Having distintive character Non-descriptive, non-generic l Word mark l Logo l Combined signs l 3D mark l Color mark l Sound trademark Underberg-Jingle ZDF-Jingle EUROPEAN PATENT ATTORNEY 26

27 Trademark Laws around the World National e.g. German Trademark Law Regional e.g Community Trademark Regulation International Madrid Trademark Agreement EU Madrider Verband (MMA + PMMA) nur MMA nur PMMA One Community Trademark for all EU member states Cheap Compulsory use after 5 years only for registered trademarks TM only for nonregistered US Trademarks EUROPEAN PATENT ATTORNEY 27

28 What is a Copyright (German Urherberrecht)? Exlusive right for an artistic work Music Literature Software Speeches Lifetime: life of the author + at least 50 years Transfer only by licence (inalienable [unveräußerlich]) Copyright collectives (e.g. GEMA)... GNU, Copyleft... EUROPEAN PATENT ATTORNEY 28

29 How to get Intellectual Property Rights (IPRs)? What are patents, trademarks, copyrights and desings? What is Intellectual Property (IP)? EUROPEAN PATENT ATTORNEY 29

30 How to get IPRs? Patents: Designs: Trademarks: Copyrights: By application By public use/ creation By use: e.g. for fashion industry By use: e.g. Coca-Cola Application: e.g. in US EUROPEAN PATENT ATTORNEY 30

31 How to get a patent Patent application Invention Patent Office Patenterteilung EUROPEAN PATENT ATTORNEY 31

32 Legal Support Employed? Yes Univ. or Company? No Univ. Free inventor: SIGNO Erfinderberatung PIZ Patentanwaltskammer Employee inventor E.g. TUM ForTe Company Employee inventor Companies patent department EUROPEAN PATENT ATTORNEY 32

33 The Way to a Patent time line application date months + set period priority (1 year) publication date (after 18 months) file application reply on search report file corresponding applications abroad completeness check search publication application date patent application not public in this period EUROPEAN PATENT ATTORNEY 33

34 The Way to a Patent time line 3 months 8 years + set period (4-6 months) grant date x grant date x + 9 months (DE, EP) anytime reply on exam. report opposition examination grant of patent revocation action EUROPEAN PATENT ATTORNEY 34

35 Priority [Zeitrang] = right on application date of a first patent application esp. for subsequent foreign applications take priority date 1 year before time line first application corresponding applications abroad EUROPEAN PATENT ATTORNEY 35

36 Prior Art [Stand der Technik] prior art = all information that has been made available to the public in any form before the effective date of patent (application date / priority date) time line first application corresponding applications abroad product launch prior art document prior art document0 EUROPEAN PATENT ATTORNEY 36

37 Patent Family time line months ~ 6 years DE ~ Priority application PCT ~ Int. application DE EP FR US GB JP CN EUROPEAN PATENT ATTORNEY 37

38 Summary One product many IPRs Similarities and differences of IPRs Where to get support for inventions/patents Thank you, for your attention! Questions? EUROPEAN PATENT ATTORNEY 38