Reviewer for Quiz PDF

Reviewer for quiz Tuesday, October 22, 2024 16:04 Blue - sub-title Violet - important information Green - semi important information Pink- other information Aqua- sub sub-title National, Regional, and International Patent Systems - National Patent Law/Legislation ○ May oblige applicant...

Reviewer for quiz Tuesday, October 22, 2024 16:04 Blue - sub-title Violet - important information Green - semi important information Pink- other information Aqua- sub sub-title National, Regional, and International Patent Systems - National Patent Law/Legislation ○ May oblige applicants or needed for filing foreign license ○ Practically - easy communication with IPO, convenience of last minute requirements & working in same time zone ○ Enjoy right of priority under Paris convention for the protection of industrial property - Traditional Patent systems ○ At zero (0) months, file application locally ○ At twelve (12) months, file application abroad ○ Legal protection - first to file ○ Familiarity with local laws - understanding of regulation ○ Cost-effectiveness - lower initial cost ○ Market consideration - assessing local market potential ○ Easier communication - language and cultural familiarity ○ International treaties - Paris convention ○ Potential for local funding and support - access to resources - Regional Patent Law/Legislation ○ Central regional agreement ▪ European patent convention - treaty that enables a single patent application to secure protection across multiple European countries through the European Patent Office (EPO); 39 members countries from Europe ▪ Eurasian patent convention - a treaty that allows for the filing of a single patent application to obtain protection n member states of the Eurasian Patent Organization; 9 members countries from Europe and Asia ▪ Harare Protocol (African Regional IP Organization or ARIPO) - an ARIPO agreement that enables a unfed system for filing and granting patents and trademarks n member states across Africa; 14 members countries from Africa Regional office > formality & substantive examination > granted or refused application > if refused, may convert to national application ○ Bangui Agreement ▪ The African Intellectual Property Organization (OAPI) was created by the Bangui Agreement on March 2, 1977, and came into force on February 8, 1982. ▪ A revised Bangui Agreement came into force on February 28, 2002. ▪ The current members of OAPI are: Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo. ○ Decision 486, IP regime of Andean community ▪ Andean Community, a sub-regional organization endowed with an international legal status made up of Bolivia, Colombia, Ecuador, Peru, and Venezuela, and the bodies and institutions comprising the Andean Integration System (AIS). ▪ The five member States apply the same law, but patent applications may only be filed with the respective national Offices. ▪ There is no regional patent Office. ▪ The national databases are interconnected, and the official intellectual 3rd year - 1st sem Page 1  ▪ The national databases are interconnected, and the official intellectual property gazettes or bulletins have to be communicated to the Offices of the other member States. ○ Paris convention for the protection of Industrial Property (Paris Convention), 1883 ▪ National treatment ▪ Right of priority ▪ Common rules in substantive law ▪ Administrative framework ○ Patent cooperation treaty ▪ - International treaties on Patent ○ The PCT procedure: ▪ Filing - File an international application with a national or regional patent office or WIPO, complying with the PCT formality requirements, in one language, and pay one set of fees. ▪ International Search - An “International Searching Authority” (ISA) establishes a written opinion on your invention’s potential patentability. ▪ International Publication - After the expiration of 18 months from the earliest filing date, the content of your international application is disclosed to the world. ▪ Supplementary International Search - A second ISA identifies, at your request, published documents which may not have been found by the first ISA. ▪ Preliminary International Examination (optional) - One of the ISAs, at your request, carries out an additional patentability analysis, usually on a version of your application which you have amended in light of the content of the written opinion. ▪ National Phase - 30 months from the earliest filing date of your initial application, from which you claim priority, you start to pursue the grant of your patents directly before the national (or regional) patent offices. ○ Routes of Protection ▪ ○ The treaties (WIPO) ▪ Paris convention for the protection of Industrial Property ▪ Patent Cooperation Treaty (PCT) ▪ Strasbourg Agreement 3rd year - 1st sem Page 2  ▪ Strasbourg Agreement ▪ Budapest Treaty ▪ Patent Law Treaty (PLT) ○ Agreement on Trade-Related Aspects of Intellectual Property Rights (Trips Agreement), 1994 ▪ Berne Convention for the Protection of Literary and Artistic Works ▪ Paris convention for the protection of Industrial Property ▪ International Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations ▪ Washington Treaty on Intellectual Property in Respect of Integrated Circuits Patent, Utility Model, Industrial Design, Trade Secrets Purpose of Patent - Obtain new technological knowledge - Inspire innovation - Accelerate creativity and encourage innovators What can be protected by patent - Devices - Process - Composition - Method Process of Patent Application 1. Filing of application 2. Formality examination 3. Substantive examination 4. Publication 5. Grant of letters patent - The right of priority - first to file for patent but not necessarily have the rights to use the invention; example is there is a phone invention, to create that phone you need several other materials which is also patented like processor, so need ka humingi ng license or permission from the invention of the processor to use their invention for your new invention Rights of patent holder 1. Right to sell or to license a patent 2. Enforce his patent rights 3. Right to exclude others from making, using, selling, offering for sale 4. Not necessarily have right to use invention - example if you use other people invention that was patented for your own invention, even if you are granted a patent for your invention, if you don’t have the license for the patented product that you use in your invention then you cannot use or market your invention Patent protection - 20 years Compulsory licensing - under the law, may rights ang inventor to license and give rights to other people to reproduce their invention; reason for this is for the benefit of the public, like life-saving medications, it became a generic versions that is accessible to all since it is a necessity Exemption to patents Worldwide Patent - European Patent Organization (UPO) The substantive examination of a single regional patent application in which if 3rd year - 1st sem Page 3  ○ The substantive examination of a single regional patent application in which if successful results in a bundle of national patents ○ may bundle ng national patents if nag apply for patent - Patent Co-operation Treaty (PCT) ○ provides filing of single international application ○ multitude of national and/or regional applications ○ they are granted or refused in the countries selected by the applicant ○ pwede mag apply and pumili ng member country kung saan ka mag aapply Utility Model - For inventions also - Commonly known as “short term patent”, “petty patent”, “innovation patent”, “incremental innovation”, or “second tier protection” - Walang inventive step - Requires only for novel and industrial applicable - Less expensive - 7 years of protection - Shorter registration period - Suitable for products with short life cycle Trade Secrets - Information must be secret - Reasonable steps to keep it secret - Commercial value Know-How - Technical know-how means technical knowledge that you have expertise Tangible - explaning process using tangible materials Intangible - explaining process, just training or explanaing Public domain - Can be used by public since it is under the public domain - Creative materials that are not protected by Ip laws like copyright, trademark, or patent laws How to become Prior art? - Prior art means it is disclosed to the public 1. By description of invention in a published writing or publication in other form 2. By description of the invention in spoken words uttered in public such being called oral disclosure 3. By the use of the invention in public or putting public in a position to use it 3rd year - 1st sem Page 4