The Importance of
Patents for Scientists
What is IP Intellectual
Property?
· Products of the mind
· Products of research
· As with all other forms of property IP
has VALUE and deserves to be
protected
· Protection is provided by law
Types of IP
· Patents
· Trade Marks
· Registered and unregistered Designs
· Copyright
· Confidential Information/Trade Secrets
" The US Government did what mattered
most: protected intellectual property
rights. The PC software industry never
could have emerged from a country that
tolerated the widespread theft of
copyrighted material"
Bill Gates, The Guardian, London, 2.2.95
Misconception No. 1
A patent gives you
the right to use
your invention
Wrong....
VERY wrong...
Key Facts (1): the most important
thing you need to know about
patents...
A patent does not give you the right to
use your invention: it gives you the right
to stop other people using your
invention commercially
If you invent and patent the wheel,
the inventor and patentee of the
car cannot make cars without your
permission.
Provisions vary from country to country
NE
W!
Key Facts (
2) : requirements for
patentability
An invention is patentable if it is:
Includes
an
inventive
step
Is not
excluded by
statute
Is useful in
industry
Misconception No. 2
Wrong. Only products
and processes
can be patented.
Key Facts (
3): US vs. Rest of World
· National laws differ from
each other
· If in doubt, it is usually safe to
assume:
all countries are roughly
the same, except
the US may be different.
Key difference: first to invent vs. first to file
Key Facts (4)
: Duration of Patents
· Potential lifetime around 21 years
· Obtaining a patent can take many years
· Renewal fees are payable to keep patents
alive
· Most patents live for much less than 21 years
· Some patents in some countries can be
extended
Key Facts (5)
: Enforcement of
patents
· Enforcement of patents is through the local
courts and is expensive.
· Just because you have had a patent granted,
it does not follow that it is valid.
· It is possible for competitors to attack and
destroy a patent during court proceedings.
Misconception No. 3
Patents and
publication are
incompatible
Wrong. Patents are
all about publication
(but the timing
is important)
Publication of patents stimulates invention
and hence economic growth
The public interest " deal" on
patents....
The state grants a monopoly over
commercial use of the invention for
a limited period of time....
...in return for a full disclosure of the
invention to the public
Why patent? - millions of reasons
to obtain a patent...
Some notable damages payments for patent
infringement:
$900,000,000 Polaroid vs. Kodak (instant
cameras, US)
$500,000,000 Eolas vs. Microsoft
(ActiveX, US)
£4,000,000 Dyson vs. Hoover (vacuum
cleaners, UK)
Why patent?
Penicillin
invented
Howard Florey,
Oxford, 1940s
Why patent?
Hovercraft invented
Christopher Cockerell,
1950s
Spotting winners...
" The phonograph...is not of any
commercial value"
Thomas Edison, c1880
" Heavier-than-air flying machines are
impossible"
Professor Lord Kelvin, c1895
" I think there is a world market for about
five computers"
Tom Watson, IBM,
1943
" There is no reason for any individual to
have a computer in their home"
Ken Olson, DEC, 1977
Why patent?
Lipitor® the
world' s best
selling drug,
invented 1980s.
Why patent?
· Pfizer are fighting a worldwide patent war
over Lipitor ®.
· They may lose 15 months of patent life in
the US. Does this matter?
· Sales of Lipitor® in the US Q3 2006 were
$2.1bn. On this basis, 15 months sales
are worth
Why patent?
· Pfizer are fighting a worldwide patent war over
Lipitor ®.
· They may lose 15 months of patent life in the
US. Does this matter?
· Sales of Lipitor® in the US Q3 2006 were
$2.1bn. On this basis, 15 months sales are
worth $10.5bn.
· Only a small amount of competition will cost
Pfizer a lot of money.
$10.5 billion
Tru Indigo
(Sue Scott)
EuropeanPatentAttorney
Chartered Patent Attorney
sue.scott@patentable.co.uk
+ 44 20 7440 8240
