PATENT

PATENT
What is a patent?
A patent is an exclusive right granted by the state
to a patent owner for a product, process, or an
improvement of a product or process for a specified
period.
A patent owner has the right to prohibit any
unauthorized person or entity from using, making or
selling his product or process.
Patentable Inventions

Any technical solution of a problem in any field of

human activity which is new, involves an inventive
step, and is industrially applicable shall be
patentable.
Section 21, RA 8293
New – novel
- not previously published or disclosed
anywhere in the world.

An invention shall not be considered new if it

forms part of the prior art.
What is prior art?

Prior art refers to all the relevant technical

knowledge available to the public anywhere in the
world prior to the first filing date or the priority date
of the patent application.
Inventive step

An invention involves inventive step if, having

regard to prior arts, it is not obvious to a person
skilled in the art at the time of the filing date or
priority date of the application claiming the
invention.
Industrial applicability

An invention that can be produced and used in

any industry shall be industrially applicable.
Patentable Inventions
• A useful machine
• A product or composition
• A method or process, or
• An improvement of any of the foregoing
• Microorganism
• Non-biological & microbiological process
Non-Patentable Inventions (section 22, RA 8293)
The following shall be excluded from patent protection:
1. Discoveries, scientific theories and mathematical
methods;
2. Schemes, rules and methods of performing mental
acts, playing games or doing business, and programs
for computers;
3. Methods for treatment of the human or animal body
by surgery or therapy;
Non-Patentable Inventions (section 22, RA 8293)
4. Plant varieties, or animal breeds or essentially biological
process for the production of plants or animals. This
provision shall not apply to micro-organisms and non-
biological and microbiological processes.
5. Aesthetic creations; and
6. Anything which is contrary to public order or morality.
Term of protection:

Twenty(20) years from filing date, provided the

required maintenance fees are paid on time.
 REMEMBER!

If you publish your inventions in a journal,

demonstrate, sell or discuss your invention in public
before you file a patent application, you cannot get a
patent.
 GRACE PERIOD

However, if you have already disclosed or

published your inventions in a journal, demonstrate,
sell or discuss your invention in public, you can still
file a patent within one(1) year from the date of
disclosure or publication.
Non-prejudicial disclosure

The disclosure of information during the twelve(12)

months preceding the filing date or the priority date shall
not prejudice the application if such disclosure was made
by:
a) The inventor;
b) A patent office and the information was published by
mistake;
c) A third party which obtained the information directly
or indirectly from the inventor.
Limitations of patent

• Territorial
• Scope
• Time
 FIRST TO FILE RULE

If two(2) or more persons have made the

invention separately and independently of each
other, the right to the patent shall belong to the
person who filed an application for such invention, or
where two or more applications are filed for the
same invention, to the applicant who has the earliest
filing date, or the earliest priority date.
 REMINDER:

BEFORE STARTING YOUR

RESEARCH,
CONDUCT
PATENT SEARCH
 Patent
Searching
 A patent search is a search of issued patents and
published patent applications for inventions that
might be considered important “prior art”
references when applying for a patent. Prior art is
anything in the public domain, patented or not
patented, that may determine whether an invention
is novel or not.

http://www.planetpatent.com/faqs/
REASONS FOR PATENT SEARCHING:

1. To avoid reinventing the wheel.

2. To save time, money and effort.
3. To use a particular technology freely from
expired patents .
 INTERNATIONAL PATENT
CLASSIFICATION (IPC)
It is a hierarchical classification system used
primarily to classify and search patent documents
(patent applications, specifications of granted
patents, utility models, etc.) according to the
technical fields to which they pertain. It serves as
an instrument for an orderly arrangement of the
patent documents, a basis for selective
dissemination of information, and as basis for
investigating the state of the art in given fields of
technology.
IPC - International Patent Classification
Basics
 Format of IPC Symbols

A23G 9/02
► complete group symbol; consists of different components

A ....................... Section (A, B, ... H)

A23 ....................... Class (any 2 digits)

A23G ....................... Subclass (any letter)

A23G 9/02 ............ Group

Main group part / Subgroup part

§19-22
 IPC group symbols
► Two types of groups: Main groups
Subgroups of main groups

A23G 9/00 ........... Main group xxx/00

A23G 9/02 ........... Subgroup xxx/yy (yy ≠ 00)

xxx/yyyyyy

N.B. Classification of documents only with group symbols !

Section, class & subclass symbols used only in IPC scheme !

§19-22
 IPC logical/hierarchical structure
► hierarchical top level: 8 Sections

next slide

online IPC
 IPC hierarchical structure
H Section

H01 H02 H05 Class

H01B H01F H01T Subclass

Used for classification

H01F 1/00 H01F 3/00 H01F 87/00 Main group

H01F 1/01 H01F 1/44 Subgroup

Subgroups
online IPC
IPC URL
http://web2.wipo.int/ipcpub/#refresh=page
 FREE DATABASES
1. Patentscope
http://patentscope.wipo.int/search/en/search.jsf
2. USPTO
http://patft.uspto.gov/netahtml/PTO/search-adv.htm
3. Espacenet
http://worldwide.espacenet.com/?locale=en_EP
4. Ipophil Patent Search
http://onlineservices.ipophil.gov.ph/ipophilsearch/patents.aspx
5. Google Patents
http://www.google.com/patents
COMMERCIAL DATABASES

1.Thomson Innovation
www.thomsoninnovation.com

2. Lexis Nexis
www.lexisnexis.com

3. WIPS
www.wipsglobal.com
FREE DATABASES
1. Patentscope
http://patentscope.wipo.int/search/en/search.jsf
FREE DATABASES
1. Patentscope
http://patentscope.wipo.int/search/en/search.jsf
FREE DATABASES
1. Patentscope
http://patentscope.wipo.int/search/en/search.jsf
FREE DATABASES
2. USPTO
http://patft.uspto.gov/netahtml/PTO/search-adv.htm
FREE DATABASES
2. USPTO
http://patft.uspto.gov/netahtml/PTO/search-adv.htm
FREE DATABASES
2. USPTO
http://patft.uspto.gov/netahtml/PTO/search-adv.htm
FREE DATABASES
2. USPTO
http://patft.uspto.gov/netahtml/PTO/search-adv.htm
FREE DATABASES
3. Espacenet
http://worldwide.espacenet.com/?locale=en_EP
FREE DATABASES
3. Espacenet
http://worldwide.espacenet.com/?locale=en_EP

TYPES OF SEARCHES

1. Smart Search
FREE DATABASES
4. Ipophil Patent Search
http://onlineservices.ipophil.gov.ph/
ipophilsearch/patents.aspx
FREE DATABASES
 FREE DATABASES

NOTE:
• The user may search one or more fields.
• If more than one field is searched by the user,
the fields will be treated as being joined by
“AND”. The search will be narrowed down to
those that contain the word indicated in the all
the fields being search.
FREE DATABASES
5. Google Patents
http://www.google.com/patents
COMMERCIAL DATABASES
1. Thomson Innovation
www.thomsoninnovation.com
COMMERCIAL DATABASES
1. Thomson Innovation
www.thomsoninnovation.com
PARTS OF PATENT :

1. Title of the Invention

2. Abstract of the Disclosure
3. Background of the Invention
4. Summary of the Invention
5. Drawing/s
6. Brief Description of the Drawings
7. Detailed Description
8. Claim/s
TITLE OF THE INVENTION

• The title should be specific and

short (if possible).
• It must be descriptive to help
explain and sell the idea.
ABSTRACT OF THE
DISCLOSURE
• It should give brief technical
information about the disclosure
as contained in the description,
claims and drawings.
• It is useful as a searching tool for
the examiner.
 BACKGROUND OF THE
INVENTION
• This part should give information as to
what specific area the invention belongs
or what it relates to.
• The problem/s of the prior art or
existing device/s or methods should be
discussed and the advantages or the
superior technical effect of the new
feature of your invention compared to
the prior art should be explained.
SUMMARY OF THE INVENTION

• Give a short summary of the

invention
DRAWING/S
• Each part of the drawing/s must
have reference numerals
• Several sections of the drawing
must be presented for better
understanding of the invention
BRIEF DESCRIPTION OF THE
DRAWINGS
• Give a short description of your
invention.
• Briefly describe the figures in the
drawings if any.
DETAILED DESCRIPTION
• The detailed description must be
in such full, clear, concise and in
exact terms.
• It must enable the person skilled in
the art to make, construct,
compound and use the invention.
• Describe the function/s of each
part of the drawing and the
relationship with other
parts(preferred embodiment).
CLAIM/S

• It is the most important part of

patent application because it
specifies the extent of protection
conferred by the patent shall be
determined by the claims, which
are to be interpreted in the light of
the description and drawings
CLAIM/S

• must define the matter for which

protection is sought.
• must be clear and concise.
• must be supported by the
description.
• Composed of usually one(1)
independent claim and five(5) or
more dependent claims.
SAMPLE
PATENT
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You…