Lecture 1 IP PDF

Lecture 1 IP Agriculture economist analyst agrifood markets, policies at different levels, consumers perception about new technologies and products, why consumers choose and what they choose and the analysis of innovation. Intellectual property This module aims at providing an overview of the int...

Lecture 1 IP Agriculture economist analyst agrifood markets, policies at different levels, consumers perception about new technologies and products, why consumers choose and what they choose and the analysis of innovation. Intellectual property This module aims at providing an overview of the intellectual property of inventions, and its role in the modern bioeconomy. Three main topics in current debates around bioeconomy innovation systems : 1. intellectual property and patents; 2. the Regulatory Framework for Intellectual Property Rights in the EU; 3. the use of patent data as indicators of innovation. Concepts and approaches on technological innovation in the bioeconomy are summarized and discussed. Some practical guidelines on patent search and patent analysis will be provided. Main topics 1. Introduction to IP 2. Patents 3. Legal framework 4. Plant Variety Protection 5. Patent as Indicator 6. Patent Search 7. Case studies - patent search News about patents Example Indian company has filed on international patent application for solvent free process of extraction of cholesterol from milk fat. They found a new method and they made a patent application. They obtained a pure cholesterol. Example RNAagri was an American start up working on RNAi. RNAgri has been granted two U.S. patents and has 8 U.S. and international patents pending. Sometimes patents are related to a country, they are country specific. Example CRISPR technology was in legal battle lasted many years between two resource centers. Both center told that first patented them. For disruptive innovations It can happen that legal battles start. Why? Apple patented a shopping bag through which Apple product are carried home. In some industry sectors the propensities to patents are very low, in some other are very high. They want to protect their products. In biotechnology field patenting is high. Example Arctic apple which is an apple variety commercialize in Canada. They modified the apple to avoid browning processes after cut to obtain pre-sliced apples. A single patent can cover multiple things. Example Moderna, Pfizer again legal battles abound who owns the technology. Most often happens in biotechnology, Example AI invents a new medicine, who gets the patent. Example Company which applied for a patent on fermented albumin, used as proteinsin animal- free ingredients. Example the ethics of access to patented biotech research tools from universities and other research institutions. Intellectual property IP is any product of the human intellect that the law protect from unauthorized use by others. A patent rights doesn’t cover any product of the human intellect. For example, inventions, literary and artistic works, symbols, names and images used in commerce. There are many type of IP tools. Which is the process of obtaining? The strongest IP for protecting inventions? I can protect a patent with two phase procedures: application, which needs to be examined. My invention must respect the patenting criteria. Utility models are simpler and quicker ways to protect inventions. New inventions are covered by IP. It exist automatically, there is no need to ask for IP rights, ex song. Trade marks covers names, shapes, commercial, such as Tm. Noone else can use it except for Google. There is an office which register trademarks. Trade secret is an IP protection like food composition. NDA, how is it used. In some cases it can be useful to understand how it is produced. In some industry sectors, it is used a lot. Geographical indications Geographical indications identify a good as originating in the territory of a country or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Protection under EU legislation as IP tools. Difference between PGIs and PDOs PDO: A product that is produced, processed and prepared in a defined geographical area using recognized knowhow. Products owe their characteristics exclusively or essentially to their place of production and the skills of local producers (DOP in Italian). Produced and processed sold in a determined geographical area. PGI: A product whose reputation or characteristics are closely linked to production in the geographical area. For PGI agricultural products, non-agricultural products, spirits and foodstuffs, at least one of the stages of production, processing or preparation takes place in the area (IGP in Italian). At least one of the stage of production takes place in a determined area. PDO and PGI protect both consumers and producers by creating legal safeguards against deceptive marketing practices like Italian Sounding. We use this IP for products to protect Italian products, consumers and producers. "Italian Sounding" refers to the marketing strategy where foreign products are given names, packaging, or imagery that evoke an association with Italy, suggesting an Italian origin, quality, or tradition, even when the product has no actual connection to Italy. This practice often misleads consumers into believing they are purchasing authentic Italian goods. Examples include products labeled as "Parmesan" instead of Parmigiano Reggiano, or "Mozzarella" made outside Italy. The packaging might feature Italian colors, imagery of Italian landmarks, or Italian-sounding words to create this association. One product-many IP rights Just one product can be covered by many IP rights. There are some copyrights on software, tones, images, shape. Example Bt cotton resistant to Bt A notable example of an agricultural biotech product covered by multiple intellectual property (IP) tools is Bt cotton Here’s how various IP tools apply to Bt cotton: Genetic Engineering Patents: The specific genetic modifications made to create Bt cotton are protected by patents. These patents cover the isolated DNA sequences, the methods used for genetic transformation, and the specific traits conferred to the cotton plants. Plant Variety Protection (PVP): In addition to utility patents, Bt cotton may also be protected under plant variety protection laws, which grant exclusive rights to the variety if it is distinct, uniform, and stable. Trait Licensing: Companies that develop Bt cotton often enter into licensing agreements that allow farmers to grow the crop. These licenses may include terms that protect the use of the genetic trait and establish conditions for seed use. Brand Names: The name under which Bt cotton is marketed (e.g., "Bollgard" from Monsanto/Bayer) is protected by trademark. This helps distinguish it from other cotton varieties and builds brand recognition among farmers and consumers. Packaging and Marketing: The visual branding, packaging, and marketing materials associated with Bt cotton are also protected by trademark law. Breeding Techniques: Companies may also protect specific breeding techniques, methods of propagation, or proprietary information related to the development and cultivation of Bt cotton through trade secrets. This includes information on how to manage pest resistance and optimize yields.  Why IP? Innovate and protect against fake. Research and development is costly for a company. Time is an economic resource, spend money to make research, invest money, time and human resources. It’s 3-4 years of work. If IP is not there, the product is stolen. You don’t return the investment you made. Everyone can make it at lower prices. There is no incentive to innovate if this happens. This is the basic reason why IP enhances innovation. It encourages creativity and innovation. IP is an essential business asset in the knowledge economy: capacity to encourage creativity and innovation, in all its various forms. Most technical inventions require substantial investment before they can be produced and used. In order to attract funding, inventions must offer the potential to generate income. This perspective is greatly enhanced if IP protection is available. If there were no IP protection, competitors could offer the same products or services at a lower price because hey have not had to invest in research and development themselves. Without IP, many innovative projects would not be profitable because anyone who wanted to could simply copy the results Example, PCR Patents What is a patent? Patents are granted in nearly every country in the world! It is a contract between two parties, the applicant on one side and there is the state. The inventor is not always the applicant. They are two different people. In University the researcher is the co-applicant. The one who owns the invention are the applicants. ▪ A legal title which grants the holder – the exclusive right to prevent others from making, using or offering for sale, selling or importing a product that infringes his patent without his authorization. To prevent others to use the object of the patent without the applicant permission – in countries for which the patent was granted – for a limited time (up to 20 years). ▪ In return for this protection, the holder has to disclose the invention to the public. The state provides to the applicants the exclusive rights, but the applicants give to the state the disclosure of innovation, it becomes public. A state should be interested in this kind of exchange because it is a good for society, becoming public everyone can built upon it and progress goes on. It is to improve the society, the technological advancement and to go on to discover. The patent is valid not everywhere and it lasts maximum 20 years. It is necessary to keep patent alive paying every year. If there are no incomes it is not easy to pay patent fees. There are also country limits. The right are valid where you got the patent. It is important to decide where to seek for patent. What exactly can be patented? Patents protect inventions which solve technical problems: chemical substances, pharmaceuticals, processes, methods, uses, products, devices, systems For an invention to be patented, it must usually fulfill the Patentability Requirements In most countries, patents are not granted for business methods or rules of games as such, or for methods of treatment, diagnostics and surgery on the human or animal body. What exactly can be patented? Innovation is something that doesn’t exist, but not only INVENTION is the creation or designing of something or the process of creating or designing something that never existed before, by using someone’s intellect or knowledge, skills Vs DISCOVERY Something that already exists in nature or the environment but was never really recognized before We can’t patent something that exist, but no one found it. Genes can be patented. The isolation, process and way to discover is patented. The isolated version of the gene is patented. Software’s can’t be patented. Discovery VS Invention Prior existence: Discoveries are something which already existed but we did not have the knowledge about the same till it was recognized, whereas inventions, on the other hand, are the things, etc which never existed before but only the parts or the things which were used in creating such an invention, existed before. Occurrence: The occurrence of discoveries is natural; however, inventions are human-made occurrences of things or objects. Originality: since discovery is related to the findings of something which already existed in nature, discovery is not original. The invention is related to the creation of something new by using prior existing things, therefore, an invention is original. Patentability: A discovery is not patentable, whereas, an invention is patentable. Lecture 2 IP We have to determine which IP to choose basing on the content of the invention and strength of your rights. Trade secret helps to not publish the content of the invention. It’s difficult to keep in time. IP is important because it’s an insurance to innovation to develop new products and processes. Noone should have the incentive to innovate. It’s the one that rely on invention. The patent is the most complex IP tool. It guarantees exclusive rights, but these rights have burdens. There are geographical burden, time burden and pay annual fees. This is important for the progress. We can patent new things, which is not a discovery, because discoveries can’t be patented. An exception are genes. Patent Patents are all around us The evolution of patenting activity of each year on three different types of products. The yellow line is about superconductors represents the strong rise of patents in this field, but in a couple of years there was a strong decrease in the number of patents, no one had the interest to innovate this field. At the end of the day the patenting activity become lower then the one of toothbrushes. For bicycles we have a constant increase in innovation. It is not about having the monopoly, but it is a matter of increase the innovative parts. It is not the case of toothbrushes, in which the rate of increase is lower. This graphs demonstrates that patent rely on everyday life. Patent document can tell us a story of the evolution of innovation in a determined field. This is important for economists. The patent system yesterday and today The concept of protecting things is not new. We have a document of the senate of Venice saying the same things which are the basis of modern patent. If you do something new you have to give notice to the state. Anyone else for 10 years can’t do the same. Senate of Venice, 1474 "Any person in this city who makes any new and ingenious contrivance, not made heretofore in our dominion, shall, as soon as it is perfected so that it can be used and exercised, give notice of the same to our State Judicial Office, it being forbidden up to 10 years for any other person in any territory of ours to make a contrivance in the form and resemblance thereof". Today: New to the world Up to 20 years of protection Incentive to innovate and to share knowledge Publication The role of the patent system: To encourage technological innovation To promote competition and investment To provide information on the latest technical developments  To promote technology transfer, from the invention to the market Rights conferred by patents Patents confer negative rights because it prevents other from. Right to prevent others from making, using, offering for sale, selling or importing infringing products in the country where the patent was granted. Exception: non-commercial purposes (private use, academic research). A license is a right act which gives the permission to use something which is protected. The permission to use by others. It’s the contrary of a patent. The different between sell and license a patent is that if you sell the patent you become the owner of the invention, instead if we license it anyone can use it. It’s a matter of ownership. In some cases firms decide to sell or buy a patent. The biotech company buys the patent. Very often there is a license activity. What is the important of the patent you own? It is a matter of value of the patent. Patent portfolio is one of the elements. Right to assign, sell or license these rights. We can license just for one form, licenza esclusiva, a commercial trademark. We can obtain a license which is not exclusive. Limited time: 20 years maximum These rights belong to the patent holder. Exception: non-commercial purposes (private use, academic research) Private Use: Individuals using a patented invention for personal or private purposes without intent to sell or profit are generally not infringing. Academic Research: Researchers may use patented technologies or inventions for experimental or academic research, provided that the goal is to further knowledge and not for commercial gain. Important Considerations: Research with Commercial Intent: Even academic institutions may need to be cautious if research results are intended for commercial exploitation. Jurisdiction Differences: Specific rules on this exception may vary across different countries or regions. Not everywhere, not anytime, no anyone Takeaway: The exception allows for innovation and learning without infringing on patents, but any use with commercial intent is not protected under this rule. Application number is the data In which the firm made the application. Every field of every content of the front page becomes a filter. When the document has been published. There is a time lag between patent application and patent publication. Patents are publish on databases even If there are not finished. More than one applicants are interested in one patent. In some cases public and private come together. There is a collaboration between private and public research. The abstract is the summary of the invention. When one inventions has multiple applications, we can see more than one code. There is no dominance above others. Application and publication numbers start with a letter. It indicates the state, in this case, it is European. The country of the applicant can be different. The patent system is where I asked for protection. Where that firm believes there is a market for protection. It provides data about the origin of the invention. Basing on these two data, I can have a picture of the innovation flow. Italian firms patent in different countries. Sometimes the innovation produced in a country remains in a country. They produce innovation, but they remain in their own country. Why a patent gives negative rights? Does a patent give you the right to exploit an invention? NO! Patent of others can overlap on my own patent. Ask the license of patenting A.  A patent is a negative right. It gives you the right to prevent others from exploiting the invention. It is not an enabling right. Patents owned by others may overlap or encompass your own patent. Seek a license before commercializing. What does the description contain? Lot of text, but there are some common points. The description of the invention is in the patent application. Prior art, teapot with one spout. It is what already exist. The state of art. What already exist has some criticalities. Drawback of prior art, this teapot with one spout is time consuming. Problem to be solved, reduce filling time for multiple cups. A patents needs to give a solution to one problem. Solution, provide a second spout, description of the solution to the problem. You have to provide the data to demonstrate the resolution to the problem Advantage of the invention, filling time is reduced The patent undergoes an examination process, the patent should meet patentability requirements. Patents protect technical inventions which solve technical problems: Chemical substances, pharmaceuticals Products, devices, systems Processes, methods, uses For an invention to be patentable, it must usually be: ✓ new to the world (i.e. not available to the public anywhere in the world) ✓ inventive (i.e. not an "obvious" solution), and ✓ susceptible of industrial application and can’t patent things again morality In most countries, patents are not granted for mere business methods or rules of games, or for methods of treatment, diagnostics and surgery of the human or animal body, or for inventions that are contrary to order public or morality, or for plant and animal varieties. When is an invention "new"? ▪ When it is not part of the state of the art Keep your invention confidential until you have filed your application! ▪ State of the art = everything made available to the public before the date of filing Novelty Definition: The novelty requirement ensures that an invention is new and has not been publicly disclosed anywhere in the world before the patent application date. This includes written publications, oral disclosures, public use, or sales. Key Points 1. Absolute Novelty: The invention must be entirely new, meaning no part of it can have been disclosed before. Even if the invention was publicly disclosed in a different field, it loses novelty. 2. Prior Art: Everything that has been publicly available before the filing date is considered "prior art." This can include: 1. Publications (books, journals) 2. Patents (issued anywhere globally) 3. Products on the market 4. Online posts or public talks Novelty Grace Period: Some jurisdictions offer a grace period (e.g., the U.S.) where if the inventor discloses the invention, they still have a limited period (usually 6 12 months) to file a patent. 1. the European Patent Office (EPO) does not provide a general grace period for public disclosures made by the inventor before filing a patent application. In most cases, if an inventor discloses their invention publicly (through a publication, presentation, or sale), it will count as prior art, and the invention will no longer be considered novel, thus disqualifying it from patent protection. 2. United States Length: 12 months. Under the America Invents Act (AIA), inventors have up to 12 months from public disclosure to file a patent application without losing novelty. Loss of Novelty Example A researcher publicly presents a paper on their invention at a conference. If they apply for a patent afterward without a grace period, the presentation counts as prior art, and the invention is no longer considered novel. Do’s and don’ts for safeguarding novelty Don’ts Do not publish any articles, press releases, conference presentations/ posters/ proceedings, lectures or blog posts, etc. before you file Do not sell any products incorporating the invention before you file Do’s Sign a non-disclosure agreement (NDA) Seek professional advice at an early stage File before anyone else does! NDA Non-Disclosure Agreement (NDA)Definition:An NDA (Non-Disclosure Agreement) is a legally binding contract that establishes confidentiality between parties. It ensures that sensitive information shared during business discussions, partnerships, or collaborations is not disclosed to unauthorized individuals or entities. Key Components of an NDA Parties Involved: Identifies who is disclosing and receiving the confidential information. Definition of Confidential Information: Clearly specifies what information is considered confidential (e.g., data, designs, trade secrets). Obligations of the Receiving Party: Outlines what the receiving party must do to protect the information (e.g., non-disclosure, limited use). Duration: Specifies how long the NDA will last (e.g., 2-5 years after the agreement or termination of the relationship). Consequences of Breach: Describes the legal remedies if the agreement is violated. When is an invention "inventive"?  ▪ When it is not obvious to the person skilled in the art in view of the state of the art ▪ The person skilled in the art – is a skilled practitioner in the relevant technical field – has access to the entire state of the art – is aware of general technical knowledge – is capable of routine work He knows EVERYTHING, but has ZERO imagination! There can be a patent for new use, existing inventions. "He knows EVERYTHING, but has ZERO imagination!" refers to the legal concept of the "person skilled in the art" in patent law. This fictional person plays a key role in assessing whether an invention meets the requirement of inventiveness (also called non-obviousness). ▪ Knows EVERYTHING: This person is presumed to have comprehensive knowledge of all relevant prior art and established technologies in a given field. They are aware of all publicly available information but are not expected to know proprietary or secret information. ▪ ZERO imagination: This person is considered to have no creativity or ability to innovate. They can apply known methods and solve problems using existing knowledge, but they cannot invent or make leaps of creativity. If the invention would be obvious to this person, it lacks inventiveness and may not be patentable. Relevance in Patent Inventiveness The concept ensures that patents are granted only for ideas that are truly innovative. If a new invention would be obvious to this "person skilled in the art" based on what is already known, it fails the test of inventiveness. In other words, the "person skilled in the art" helps to assess whether the invention is a result of genuine creativity or just a predictable extension of existing knowledge. Similar process to the one before. Third criteria is industrial application-utility. Assessing industrial application – utility An invention shall be considered as susceptible of industrial application “if it can be made or used in any kind of industry, including agriculture.” The patent laws of another group of countries do not provide any “industrial applicability” requirement, but require “utility.” All these criteria are elaborated by humans. It can be subjective. Examples Why research? To find out what others are doing New ideas, find inspiration Freedom to operate Enforcement ESPACENET is the database of the patent office. European/worldwide patent information on the internet Showcase for all participating national patent offices Own-language interface For intelligent non-experts User-friendly Raises awareness of patents as a source of technical information. Does not replace professional services Who are the potential users? Various kinds of information can be extracted from published patent documents. This information can be technical, scientific, legal or commercial in nature, so it is of interest to a wide range of potential users, including Scientists Engineers Lawyers Economists/business administrators Historians The front page On the front page, the searchable fields are the title, the abstract, the inventor and the applicant. The publication number – which is a sequential number assigned to the publication by the patent office  The application number – a sequential number given by the patent office as a patent application is filed The priority number, which is the application number given by the office of first filing. Using key words for research is difficult We can search for the name of the inventor and the applicant, you have to find the right applicant We have to use priority number and application numbers, patent system code of the country. These codes can be used to search for a determined country system. Publication and application have a time difference of two years. The priority number is the number first given, it is the fingerprint of the patent. If the same invention has to be patented in the same patent system, they provide to the patent a different application number and data, but same priority patent. The priority number allows to search for a patent family. Single patent counts depict a commercial analysis. If we have compare the inventing activity of two countries, we count patents. To identify inventing activity we have to focus on patent families, just on innovation, not on their diffusion. Claims are key words to describe the patent. The research report is the document t produced by the patent examiner after he or she has carried out a patentability search. In it the examiner compares the current patent application with previously published material known in the patent world as “prior art”. It defines the state of the art. We can filter for the country of the applicant to see where the invention comes from. The invention can originate from a country and be patented in another country. So, we can see the flow of the patent. We can look for the legal status of the patent. Some patents are still pending. Together with the legal status we can find also the designed country, the code of the country where the patent is applied. Cari Mallis patents is part of the state of the art. I can understand that the invention is important is that the citations grow overtime. We can understand movers and shakers refers to influential individuals or organizations that play a significant role in shaping the patent landscape. In worldwide there is a list of the patents. We have to use colon dots. CPC is the new patent application, we can use one or the other, it is more or less the same. A code and C codes are used. It is possible to enter I each category. It is possible to write down the code, make a search and obtain the result. One single patent has different categorization codes. The classification is very detailed. Once you have a result list, it is possible to download the results, using the export function