Patent

DEFINITION

A patent is an exclusive right to a new invention. It is granted by patent offices to give the applicant the right, for a limited period of time, to prevent others from (re-) producing, offering, using or selling the invention without his/her permission.(Source: IPR Helpdesk).

IMPACT ON e-BUSINESS

Patents grant a quasi monopoly to patent holders within a specific territory for a specific time. Filing for a patent is cumbersome (you need to pre-check on potenial existing patents, file a registration application etc.) and cost intensive (depending on the geographical coverage, you may file for a national, European or International patent). Thus, it is rather the large companies that engage in patent registration. That would also allow them "cross-licensing": If you allow me access to certain parts of your patent, I will allow you the same on my patent. However, if you engage in hardware or software development with the intention of international deployment, you should pre-check the existing patents available (see Patent - Prior Art. Otherwise, you might be hampered mid-way or your deployment might be jeopardised by existing patents.

In order to support inventors including SMEs, the European Commission published a Communication in July 2008 for an Industrial Property Strategy for the 21st Century. One of the envisaged goals is a European Patent and Europe-wide patent jurisdiction. Suggestions include also ADR methods for patent litigations.

SOFTWARE PATENTS

There is a controversy in Europe about the patentability of software. Whereas some are in favour of it, mainly for reasons to harmonise the European approach with the USA (where software is patentable), others fear that it may hamper interoperability and cause disadvantage to small players.

PRACTICAL LINKS

Your guide to patents

WIKIPEDIA article on Patent

Managing Patent Costs: An Overview

www.wipo.int/sme/en/documents/managing_patent_costs.htm

Quality Patents: Claiming What Counts

www.wipo.int/sme/en/documents/wipo_magazine/1_2006.pdf

On-Line Patent Searching

www.wipo.int/sme/en/documents/patent_searching.htm

To License a Patent or to Assign it: Factors Influencing the Choise

www.wipo.int/sme/en/documents/license_assign_patent.htm

Assessing the Value of a Patent: Things to Bear in Mind

www.wipo.int/sme/en/documents/valuing_patents.htm

Patenting Software

www.wipo.int/sme/en/documents/software_patents.htm

Tapping the Potential of Innovative New Products

www.wipo.int/sme/en/documents/wipo_magazine/06_2002.pdf

Patents in technical Standards

www.wipo.int/sme/en/documents/wipo_magazine/11_2005.pdf

The Magic of Patent Information

www.wipo.int/sme/en/documents/patent_information.htm

Academic Patenting: How Universities and Public Research Organizations are Using Intellectual Property to Boost Research and Spur Innovative Start-Ups

www.wipo.int/sme/en/documents/academic_patenting.htm

Launching a New Product: Freedom to Operate

www.wipo.int/sme/en/documents/wipo_magazine/9_2005.pdf

The patent teaching kit

http://www.epo.org/patents/learning/teaching.html

The world's five major intellectual property offices, namely the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People's Republic of China (SIPO), and the United States Patent and Trademark Office (USPTO) recently launched a new website. This website serves as one-stop-shop for IP related questions and projects in which the 5 offices collaborate:

http://www.fiveipoffices.org/index.html;jsessionid=fgkipiv9zg9w

2009-03-20. EU. OECD Patent Statistics Manual

2009-03-23. EPO. New Trilateral Web site

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