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PATENT FAMILIESin ESPACENET
LATIPAT - 6 November 2012
Fenny Versloot-Spoelstra
EPO PATENTINFORMATION
RESOURCE
EPODOC
FULLTEXT FACSIMILE
OpenPatentServices
WORLD WIDELEGAL STATUS
EXTENDEDFAMILIES
INPADOC Worldwide Legal Status
GlobalPatentIndex
PATSTAT
DOCDB/XMLEPO
Patent InformationResource
YOU
Commercial Hosts
EPOREGISTER
ESPACEnet
SIMPLE patent families
CITED REFERENCES
IPC/8 classes
ABSTRACTS BIBLIOdata
CPCNO CPC
LEGAL STATUS
PATENTpublications
ENGLISHabstracts
EXTENDEDpatent families
FI+ Fterm
USPC
FULLTEXT
FACSIMILE
80.000.000 publications 120.000.000 cited references 190.000.000 IPC/8 385.000.000 classification allocations 100.000.000 legal events 100.000.000 facsimile images
National Office
External Contractor
s
Classifiers
Fenny Versloot-Spoelstra
PATENT FAMILIES in ESPACENET
What is a patent family
What is a patent family at the
EPO
"Brains in gear"
Imagine
Wouldn't that ...
Fenny Versloot-Spoelstra
PATENT FAMILIES HELP
reduce work-load
overcome language barriers
find related inventions
define geographical coverage
identify technological trends
Families of peopleare related through bloodlines
Families of inventions are related through priorities
PEOPLE
EXTENDED FAMILY SIMPLE FAMILY
PEOPLE
PATENTS
PRIORITY
P1
PRIORITY
P2
PRIORITY
P3
EXTENDED FAMILY SIMPLE FAMILY
DOCUMENT
D3
DOCUMENT
D4
DOCUMENT
D2
DOCUMENT
D1
Fenny Versloot-Spoelstra
WHAT IS A "PATENT FAMILY" ?
A set of patents taken in various countries to protect one single invention.
Where the "priority right" of the first filing is extended to subsequent filings in other
countries"
Fenny Versloot-Spoelstra
WHAT IS A "PRIORITY" ?
"Right of priority" is a time-limited right triggered
by the first filing of an application for a patent.
To make use of the right of priority the applicant
must "claim the priority" of the first application when filing a subsequent application.
Fenny Versloot-Spoelstra
WHAT IS A "PATENT FAMILY" @ EPO
EPO is supporting two patent family concepts
DOCDB Simple Patent Family
INPADOC Extended Patent Family
DOCDB SIMPLE
versus
INPADOC EXTENDED
Fenny Versloot-Spoelstra
WHAT IS A "PRIORITY" @ EPO
Every possible link is a "priority" at the EPO
applications claimed under the Paris Convention
US provisional applications claimed for priority
previous applications claimed for :
continuation
continuation in part
division
references to an earlier PCT filing
Fenny Versloot-Spoelstra
DOCDB Simple versus INPADOC Extended
DOCDB Simple Patent Family is covering one invention
technical content covered is identical
members have to have ALL priorities in common
with ALL other members
INPADOC Extended Family
is covering a technology
might be slight differences in technical content
members do not have to share more than ONE priority with at least ONE other member, directly or indirectly
Fenny Versloot-Spoelstra
DOCDB Simple versus INPADOC Extended
DOCDB Simple Patent Family most restrained definition of a patent family
particularly suited for prior art search
tailored to the needs of EPO examiners
INPADOC Extended Family
broadest definition of a patent family
supports identification technological trends
supports definition of geographical coverage
Fenny Versloot-Spoelstra
DOCDB Simple Patent Family
Most restrained definition of a patent family
Group of applications that cover ONE invention
Only want to take significant links into account
Only consider priorities that claim "first filing" that claim first filing of new technical detail
Fenny Versloot-Spoelstra
ONLY THE SIGNIFICANT LINKS !!
Consider only those priorities that claim
an application that is "first filing"
an application that is equivalent to a "first filing"
an application that is standing in for a "first filing"
That means : only priorities that claim
under the Paris Convention [ INID 30 ]
a US continuation in part [ INID 63 ]
a US provisional application [ INID 30 ]
Fenny Versloot-Spoelstra
INPADOC Extended Patent Family
Broadest definition of a patent family
Group of applications that are related
inventions
Do not want to miss ONE single link
Consider every possible link to be a "priority"every application to application reference
Fenny Versloot-Spoelstra
EVERY LINK POSSIBLE !!
The usual suspects :
applications claimed under the Paris Convention
US provisional applications
But also ...
domestic applications claimed for a continuation,
for a continuation in part, for a division
reference to an earlier PCT filing [ INID 86 ]
Fenny Versloot-Spoelstra
First Filing
Extended Patent Family
US Continuation in Part
BRAINS in GEAR !!
The "First Filing" is the mother of the invention
It discloses new technical contentfor the first time
Exercise [1] : US2008311819
first filing
Paris Convention
reference to earlier PCT
Q.1 Q.2
DOCDB simple patent family
"first filing"
Q.3
NO references to other applications
Q.4
... generated in anticipation ofsubsequent filings in other countries
that claim the first filing for right of priority
NO priority on the first pageONE priority in the bibliographyThis is an artificial priority ...
Q.5
... in order togroup applications
that cover one single invention
in one simple patent family
only consider significant links ...
Q.6
DK
20050000192
EXTENDED FAMILY = SIMPLE FAMILY
CA CN EP JPKR NO US
national phase
DK200500192
first filing
WO2007065494
PCT route
artificial priority in anticipation of subsequent filings in other countriesthat claim the first filing
for right of priority
not "significant"within scope ofsimple family
EXTENDED PATENT FAMILY
A revolution in swimwearby SPEEDO
Exercise [2] : GB2444804
these are THE first filingsannounced in the gazette never formally published
first publication formallydisclosing new technical detail
claiming TWO applications for right of priority so not THE first filing
Q.7
GB 20060025102 GB 20070006766 GB 20070006769
EXTENDED FAMILY is a collection ofSIMPLE FAMILIES
GB 2456682GB 2444804
AU BRCN EPJP KRUS
AT AUBR CNDK EPES JPKR US
GB 2444803
SPORTS GARMENTSPORTS
GARMENTSWIM CAP
Division of[ claims divided
out ]
Q.8Q.9
GB 2444804
GB 2444803 A
new technical detail
NO new technical detail "swim cap" already present in original filingonly the claims have been "divided out"
GB 2456682
A "Continuation in Part" is like a first filing
It adds new technical detailon top of an existing invention
Only in the U.S. of A !!
Exercise [3] : US20070011914
first filing
references to domestic
applications
Q.10
every reference toa domestic application
is a priority link
artificial priority in anticipation of
future domestic filings referring to this
application
Q.11
the first filing
is acontinuation in part
of
is a continuation in part
of
is acontinuation in part
of
parent
grand-parent
great-grand-parent
Q.12
US 11/182970 A US 11/195219 US 11/328593
Wraparo
und Lacing
Raised Ridge
Members
Recess
ed Cavities
Anatomica
l
Prote
ctor
US 11/448967
