Lesson 7: Inventions (Patents)

A new solution addressing a specific issue in technology.

A type of invention that focuses on creating a new product, such as a substance or a machine.

A type of invention that describes a series of steps to achieve a desired outcome.

Inventions that build upon existing ones, typically requiring a patent license to use them.

A legal document that grants exclusive rights to an invention for a limited time, typically 20 years.

The European Patent Office (EPO) checks if an invention is new and involves an inventive step. It also assesses if the application and invention meet the requirements of the European Patent Convention.

The applicant can request the EPO to examine their application to determine if it meets the requirements for a patent.

The application is published 18 months after the filing date or the priority date, whichever is later.

The EPO issues a patent if everything checks out, or they refuse the application if it doesn't meet the requirements.

The granted patent information is published in the European Patent Bulletin, making it publicly available.

An invention made by an employee during their work, resulting from research assigned in their contract, belongs to the employer, not the employee.

An invention made by an employee outside of their contractual research obligations belongs to the employee, not the employer.

If an employee uses company knowledge or resources for an invention not covered by Art. 15 LP, the employer has the right to use or own the invention, but must compensate the employee.

A European patent application requires a formal request, a description of the invention, clear and concise claims for the protected subject matter, drawings (if needed), a technical abstract, and payment of fees.

The European Patent Office (EPO) receives and examines patent applications.

Claims in a patent application define the specific subject matter for which protection is sought.

The date of filing a patent application establishes the priority date, which determines the patent's potential legal protection.

The process of disclosing an invention in a patent application is crucial for securing legal protection.

The right granted to the patent holder to prevent others from exploiting the invention without permission.

The scope of the patent's protection is defined by the claims.

Even if an invention is not identical to the patent, it may still be considered infringing if it shares the same function, way of implementation, and result.

This principle applies to European patents, stating that they offer the same rights as a national patent in each member state.

Spanish patent law allows the patent holder to prevent unauthorized production, sale, use, import, or possession of the invention.

Spanish patent law extends the patent holder's rights to prevent the offering of means to use the invention, even if the actual use is not taking place.

For biotechnological inventions, Spanish patent law includes specific provisions related to the use, possession, and marketing of biological materials resulting from the invention.

Transferring ownership of a patent application to another party. This can be done in writing and is governed by national laws in each designated Contracting State.

This applies to cases where the infringer is aware or should be aware that using the patented process is prohibited without the patent holder's consent.

Granting permission to use a patent, either exclusively or non-exclusively. This can be for the whole patent or specific parts of it.

A type of patent license where the licensor retains the right to grant other licenses and exploit the invention themselves.

A type of patent license where the licensee has exclusive rights to use the invention.

A patent license where the owner offers licenses to the public through the OEPM (Spanish Patent and Trademark Office).

A patent license that can be granted by a court or government agency when the patent holder is not exploiting the invention sufficiently.

An obligation for the patent holder to sufficiently exploit their patent within 4 years after application or 3 years after publication.

Various reasons for granting a compulsory license, including lack of exploitation, patent dependence, and public interest.

A European patent with unitary effect provides uniform protection across participating EU member states, offering a single patent with a single jurisdiction for litigation.

The European Patent Organisation (EPO) grants European patents with unitary effect, and the Register for Unitary Patent Protection records them.

The Unified Patent Court (UPC) handles litigation for European patents with unitary effect, offering a single court for disputes in multiple countries.

Regulation 1257/2012 defines the legal framework for European patents with unitary effect, establishing the rights and obligations of patent holders.

European patents with unitary effect apply national laws of participating member states that are not directly harmonized by EU law, meaning the specific rules might differ slightly from country to country.

The European Patent Convention (EPC) provides the core legal framework for patents in Europe and provides a basis for the development of the unitary patent system.

European patents with unitary effect do not apply EU trademark or design regulations, instead incorporating the relevant national laws of participating member states.

Unitary effect patents provide protection throughout the territories of participating member states where they have unitary effect, but specific rules of each country might apply, offering a single patent with potentially differing local regulations.