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Promotion of Innovation: Usefulness and value of Patent Information
Andrew Czajkowski
Head, Innovation and Technology Support Section
UlaanbaatarMarch 11, 2015
Overview
The Patent System
Patent Information
Which information can be obtained from a patent?
How can we use this information?
The Patent System
Encourages innovation and consequently economic growth by:
rewarding investments made in developing a new invention protection
publishing and making known technical information of a new invention disclosure
Differences : Protection & Disclosure
Patent protection is territorial in nature
Patent information is global
Patent protection is limited by claims in scope
Patent information includes all information contained in patent documents
Patent protection is time-limited
Patent information remains permanently available
Patents give their owners a right to prevent others from carrying out the invention (manufacturing or marketing)
Patents do not prevent others from learning from the invention
Patents : A unique source of information
About two-thirds of the technical information revealed in patents is never published elsewhere
Over 90 million patent documents have been published to date
Patent documents provide various types of information in a highly standardized format
New technical information worldwide
Source: WIPO Statistics Database and US National Science Foundation, January 2014
Patent information: New opportunities!
Many patent collections are now available online in digital format
Search services and tools have made the exploitation of this information simpler and more cost-effective
Many search services and tools are available for free!
Opportunities exist to open patent information to new constituencies
Uses and users of patent information
UsesLegalTechnicalBusinessPolicy
UsersIndividual inventorsSmall and medium enterprises (SMEs)IndustryResearch institutionsAcademiaPatent attorneysand many others…
Uses of patent information : Legal
Avoid patent infringement
Determine the patentability of your inventions
Draft strong patent applications
Determine the validity of existing patents and which technologies belong to the public domain
Patent information and the public domain
Technology disclosed in a patent document may be in the public domain if:
The patent application has not been filed in a given country
The patent has not been granted
The patent term has expired, or the patent has not been renewed
The disclosed information is not covered by the claims
Example : Wind power
Rapidly growing source of renewable energy
Possibilities for small-scale distributed generation of power
Wind power : Accessing patent information
Search in technical information classification : F03D (“wind motors”)
Wind power : Record
Wind power : National phase entries
Wind power : Legal status (AU)
Uses of patent information : Technical
Develop new solutions to technical challenges faced in the country, or adapt existing technologies to suit local conditions
Target research resources more effectively (avoid “reinventing the wheel”)
Technical information must be sufficiently clear and comprehensive to be carried out by a typical expert in the field of technology (“a person having ordinary skill in the art”)
Example : Vaccines for poliovirus
Though largely eradicated, polio remains an issue in many countries around the world
Vaccines against poliovirus : Accessing patent information
Search in technical information classification : A61K 39/13 (“Medicinal preparations containing antigens or antibodies – Poliovirus”)
Vaccines against poliovirus : Record
Vaccines against poliovirus : Documents
Vaccines against poliovirus : Technical data
Uses of patent information : Business and policy
Track research activities of competitors
Identify opportunity for licensing and joint ventures
Review trends in specific areas of technology
Wind power : Accessing patent information
Search in technical information classification : F03D (“wind motors”)
Wind power : Results clustering
Wind power : Filing trends
How is this technology evolving over time?
Wind power : Filing trends
How is the patenting activity of these top applicants evolving over time?
Wind power : Offices of filing
In which countries are applicants filing applications?
Wind power : Top applicants
Who is particularly active in this field of technology?From whom can I seek licenses, or with whom can I negotiate partnerships?
Example : Apple Computer
Search in applicant data
applicant name : Apple Computer
Apple Computer : Patent application
PCT application : WO 2006/020305 (“Gestures for Touch-Sensitive Input Devices”)
Published : February 2006
Apple Computer : Product
Apple Computer’s iPhone
Released : January 2007
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