Patent Specification (LAW206_Slides_Week3 PDF)

Patent Specification MORG AN JARVI S FACU LTY OF LAW QU E E N ’ S U N I VE RSI TY Patent Document or Specification Claims Stake out the territory of the patentable invention for which monopoly rights are to be granted Disclosure or Description Disclose the invention to the public Abstract Accurately...

Patent Specification MORG AN JARVI S FACU LTY OF LAW QU E E N ’ S U N I VE RSI TY Patent Document or Specification Claims Stake out the territory of the patentable invention for which monopoly rights are to be granted Disclosure or Description Disclose the invention to the public Abstract Accurately name the inventor(s), list the owner, and provide a title and summary of the invention Patent Document / Specification The specification of an invention must a) correctly and fully describe the invention and its operation or use as contemplated by the inventor; b) set out clearly the various steps in a process, or the method of constructing, making, compounding or using a machine, manufacture or composition of matter, in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which it pertains, or with which it is most closely connected, to make, construct, compound or use it; c) in the case of a machine, explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle; and d) in the case of a process, explain the necessary sequence, if any, of the various steps, so as to distinguish the invention from other inventions. - Patent Act Section 27(3) Claims (4) The specification must end with a claim or claims defining distinctly and in explicit terms the subject-matter of the invention for which an exclusive privilege or property is claimed. Fence off the monopoly territory claimed, with anything outside the fence not being claimed. Usually start with the broadest interpretation of what the invention might be, and then get narrower in scope of protection claimed, until the invention is specifically described. Each claim is an independent grant of monopoly, so individual claims can be found invalid without affecting the others. CA2762626 Sport Related Training Apparatus Patent Document Example (CA2762626) Inventor, applicant and Agent for Service listed. Abstract provides brief description of invention. Generic title for invention. Background setting out prior art and the problem to be solved by the invention. Summary and detailed description of invention, satisfying the best mode requirement, and providing drawings to illustrate. Finally the claims, claiming the training system broadly in Claim 1, with specifics and variations provided in the following dependent claims; an apparatus in Claim 24, and Kit in Claim 25. Inventorship & Ownership MORG AN JARVI S FACU LTY OF LAW QU E E N ’ S U N I VE RSI TY Inventorship & Ownership Inventions often owned by the inventor’s employer, or the person the inventor sells / assigns the invention to. Important to determine inventorship correctly, as there are often several people involved in developing an invention. Can have co-inventors, but an inventor is one who first came up with the inventive concept behind the invention claimed. An idea alone is not an invention, so it’s important that the inventive concept be reduced to a practical form. Invention Ownership However, inventors are hired Inventor is the owner of their invention Basic Rule In a context where they’re hired to invent, or inventions are made under a duty to do so, the employer owns the invention. It’s agreed that ‘employer’ is to own the IP generated by the independent contractor through their work. Owner is clearly set out in contract Assignment & Chain of Title All or part of the patent rights may be assigned in writing. That assignment needs to be registered in the patent office, or it can be rendered void by a later assignment that is registered. Important to ensure that the chain of title is intact with “confirmatory assignments” from inventors to employers, and to other entities acquiring the rights.