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Protection of inventions and research results

in Greece and abroad

K. ABATZIS,

INDUSTRIAL PROPERTY ORGANIZATION (Ο.Β.Ι.)

Director, Applications & Grants

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Industrial Property rights

patents, utility models

Industrial Designs

• Trademarks

• Service Marks

Geographical Indications

Appellations of Origins

Plant Varieties

etc

Copyright and rights related to copyright • copyright

• Authors rights

• etc

Intellectual Property (IP) rights are divided into …

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• Research

• Disclosure interactions of researchers with TechTtransfer Offices

• Evaluation about the commercial potential of the invention.

• Assessment with the researchers.

• IP Protection.

• Marketing using TTO resources and channels

• Licensing / Spin-off company creation

• Product Development and Commercialization by one or more Licensees

• Revenue Generation by one or more Licensees

Note: these steps may vary in sequence and often occur simultaneously.

WHAT ARE THE TYPICAL STEPS IN THE PROCESS?

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The reasons for participating in the Technology Transfer process may vary and be unique for every scientist, but may include:

• Making a positive economic impact on society

• Achieving recognition and/or financial rewards

• Generating additional lab/departmental funding

• Meeting the obligations of research contract

• Attracting research sponsors

• Creating educational opportunities for students

• Linking students to future job opportunities

• Feeling a sense of personal fulfillment

WHY WOULD A RESEARCHER

BE INTERESTED IN PARTICIPATING

IN THE COMMERCIALIZATION PROCESS?

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• To meet potential commercialization partner’s (licensee) requirements, patent protection is a necessary step

• The patenting step is important because it can protect the commercial partner’s sizeable investment required to bring the technology to market. o Patent filing usually precedes finding a licensee

WHY PROTECT INTELLECTUAL PROPERTY WITH PATENTS?

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To ensure that the invention is patentable, the following checklist is a minimum that must be considered:

1. What is the patentable subject matter?

i.e. a kind of subject-matter that is eligible for patent protection

2. Is there novelty?

(i.e. at least some aspect of it must be new)

3. Is there an inventive step?

4. Is susceptible to industrial application?

Is my idea patentable?

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WHAT CAN BE PROTECTED?

Patent

Industrial Design

Copyright

Trademark

Trade secrets

• entire operating mechanism or individual parts • method of assembly • new materials • embedded software for the operation

• shape, appearance

• software (as is) • operating manuals • service manuals

• Welding temperature of mounting brackets

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Anything that has a technical character

WHAT CAN BE PROTECTED BY A PATENT?

Devices & machinery

Individual modules of devices and machinery

Systems & arrangements of devices & machinery

Production methods in the field of industry

Information distribution and processing methods in IT and telecommunication systems

Chemical substances, compounds & products, as well as their production methods

Uses of all the aforementioned

Patents can be granted for:

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What is the meaning of a “patent”

… patents shall be granted for any inventions which are:

• new

• involve an inventive step

• are susceptible of industrial application.

The invention may relate to a product, a process or an industrial application.

… the patent confers upon its owner, whether natural person or legal entity

the exclusive and time-limited, right to productively exploit the invention…

According to Law 1733/87…

… in Greece.

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Is there an alternative?

• short-lived inventions

• inventions difficult to copy

• Trade secret for products nearly impossible to reverse engineer

• Publish your idea to prevent others from obtaining a patent for your technical solution

Rubik’s Cube or Coca-Cola were never patented!

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• The Industrial Property Organization (Ο.Β.Ι.)

was founded in 1987 (Law N.1733/1987), as a legal entity under private law, administratively independent and financially

self-sufficient.

• is exclusively responsible for the protection of inventions in Greece and provides technological information from industrial property titles.

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Greece is member of:

• European Patent Organization

• World Intellectual Property Organization

• European Community

O.B.I. is Receiving Office for:

•European patent applications (EPO)

•International patent applications (WIPO)

•International design applications (WIPO)

•European Community design applications (EU)

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Protection of inventions in Greece

• Patents • Utility models • Industrial Designs • Supplementary Protection Certificates (SPCs) • Validations of European Patents • Registration of Transfer of Technology Agreements

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Inventions and designs in Greece (2013)

GR Patents

EP Provisional Protection

Gr Utility Models

EP Validations

SPCs Designs

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WHAT IS NOT CONSIDERED A PATENT

(according to Law N. 1733/87)

• Discoveries

• Scientific Theories

• Mathematical Methods

• Aesthetic Creations

• Software

• Methods for financial activities

• Presentation of information

• Plant and animal varieties

• Diagnostic Methods

• Therapeutic and surgical methods

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An invention belongs to:

• the inventor or the beneficiary

• If more than one persons are involved in the invention, they can file a joint application

• If more than one persons have made the invention independently, then the right belongs to the applicant with the earliest date of application

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UTILITY MODEL CERTIFICATE (UM)

Is granted for:

• new objects • with definite shape and form • industrially applicable

Is valid for 7 years

Novelty of the invention is not searched

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PROTECTION of SOFTWARE

software is protected by copyright

If the method (operation, process etc.) is performed via software,

has a technical character, is new and inventive THEN, AND

ONLY THEN, a patent can be granted.

The method performed via the software regardless the programming

language and the implementation environment is patentable

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• A free invention is made by an independent inventor • In a service invention, the right belongs 100% to the employer. It is the outcome of contractual relation between the employer and the

employee.

• In a dependent invention the right belongs by 40% to the employer 60% to the employee. The application is jointly filed.

(The invention made by an employee with the infrastructure of the enterprise in which he/she is

employed)

Categories of PATENTS

Patents can be: • Free • Service • Dependent

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PATENT and UM GRANTING PROCEDURE

• Formalities check • Corrections • Complements • Search report fee

4months

Drawing up Search Report

Notification

Comments of the applicant

Drawing up Final Search Report

U.M.

Filing 1. Application (2) 2. Description (2) 3. Claims (2) 4. Abstract option. (2) 5. Drawings optional (2) 6. Filing fees

GR Patent GRANTED

3 months

8 - 11 months

15 months

Design

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INDUSTRIAL PROPERY BULLETIN

VOLUME A’ *

- bibliographic data, abstracts and distinctive drawings of

patent and utility model applications

- published patents and utility models

- Validations of European patents

* Patents, utility models and European patents are published 18 months after the first filling date or earlier

provided that granting is effected this date.

VOLUME B’ **

Industrial Designs and Model Certificates

** Industrial designs are published 4 months after the filling date

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• National

• European (for up to 38 European countries)

• International (for up to 148 countries around the world)

An application for a patent can be:

What about the rest of the world?

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3 BASIC STEPS TO PROTECT YOUR INVENTIONS

1st step: State-of-the art search

2nd step: File a Greek patent application with OBI

3rd step: File a European patent application or a PCT application with Greek priority or another national application with Greek priority

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…Greece?…

…Europe?…

… Worldwide? !!!

WHERE should I apply for protection

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• in countries that you can market the invention

• in emerging markets (in view of 20 years)

• low cost production countries

How many countries?

In principle, the issue is … MONEY!

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Some statistics about

Universities,

companies

and patents…

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TOP 10

0

50

100

150

200

250

300

350

400

University ofCaliphornia

MIT StanfordUniversity

WisconsinUniversity

TsinghuaUniversity.

University ofTexas

CaliforniaInstitute of

Tech.

NationalTaiwan

University

University ofMichigan

University ofIllinois

UNIVERSITIES, US PATENT OWNERS, 2012

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0

20

40

60

80

100

120

140

160

180

200

NorthwesternUniv.

Univ. ofCaliphornia

Columbia Univ. New York Univ. Princeton Univ. MIT Univ. ofWashington

Stanford Univ. Univ. of Texas Univ. ofWisconsin

US UNIVERSITIES, 2011 Licencing income (milions US $)

TOP 10

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Source: WIPO, 2014

Electrical Machinery, Apparatus, Energy

14,897

Computer Technology 14,684

Digital Communication 14,059

Medical Technology 11,920

Measurements 7,952

Top 5 Technologies, PCT applications 2013

30 Source: WIPO, 2014

0

500

1,000

1,500

2,000

2,500

3,000

COMPANIES, 2013 PCT Applications, Top 15 Applicants

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0

1000

2000

3000

4000

5000

6000

7000

COMPANIES, 2013 Grants, Top 20 US Patent Office

Source: IFI CLAIMS®, 2013

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Thank you !

Kostas Abatzis,

INDUSTRIAL PROPERTY ORGANIZATION (O.B.I.)

Director, Applications & Grants

: +30 210 6183521

e-mail: kaba@obi.gr