Notes
Slide Show
Outline
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Intellectual Property and Education in the news
  • March/April 2002 - Universities UK releases guide to management of IP – this Guide is expected to kick start the development of IP policies in Universities to meet the new emphasis on value extraction.
  • 4 January 2002 - Cornell University sues HP over patent infringement – Cornell claims that one of its patents has been infringed by HP since 1995, and is seeking $100 million.
  • 4 December 2001 - Michael Porter says that the Netherlands is lagging behind in innovation and as knowledge based economy – Institutional structure of research institutes must change so that new scientific knowledge leads to genuine innovations within the private sector and that universities must undergo an attitude shift so that a better dialogue can be established between university researchers and companies.
  • July 2001 - Victory for Student Patent Rights in Chou v. University of Chicago – For years, student researchers have alleged that the hierarchical system in academic research allows supervising PhDs to patent inventions that were rightfully made and owned by students. The US Courts have now interpreted the law in a way that strictly protects the rights of student researchers. Student researchers will now be able to sue their supervising PhDs for any actions that are not in the best interests of the student researcher or of his patent rights.
  • 19 February 1990 - University Sues Its Own Professor In Patent Dispute – The University of Pennsylvania sued its own professor over the ownership in patent rights in a new pharmaceutical. This highlights the difficulties which can be encountered if there is no adequate policy on ownership at the outset of a research project.


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We Look at the Roots of Future Success
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Intellectual Property Life Cycle
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What Is A Patent?
  • It protects an invention
  • It lasts for up to twenty years
  • It has to be applied for
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What Is A Registered Design?
  • It protects the appearance of a design
  • It lasts for up to twenty five years
  • It has to be applied for
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What Is An Unregistered Design Right?
  • It protects the appearance of a design
  • It can last 15 years
  • It is a copy right
  • It is automatic
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Protection
  • What is a patentable invention?
  • What is a registrable design?
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What Is A Patentable Invention?
  • Novel
  • Not obvious
  • Not specifically excluded by law
  • Has technical effect (Europe)
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Patents - Exclusions in Europe
  • Intangible discoveries and ideas
  • Aesthetic creations (copyright)
  • Methods of –
    • Performing mental acts
    • Playing games
    • Doing business
  • Computer programs
  • Presentations of information
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Patents - Exclusions in the US
  • Laws of nature
  • Natural phenomena
  • Abstract ideas
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United States
  • Explicitly allows ‘business method’ patents
  • Patentability based on
    • Practical application of abstract idea
    • Providing a useful, concrete and tangible result
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Europe
  • Explicitly excludes business methods as such
  • Requires a technical effect
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US Case –
State Street v. Signature
  • Hub and spoke trading system
  • Computer implemented (probably)
  • Processing data to derive a resulting share price
  • Patent upheld
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European Case –
Pension Benefit Systems
  • Patent application for:
    • A method and system for managing a pension scheme
  • Effect – reduction of financial overheads
  • Rejected on final appeal
    • Merely method of doing business as such
    • Lacked a technical effect
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What Is A Registrable Design?
  • Eye appeal
  • Novelty
  • Features applied to an article:
    • Shape
    • Configuration
    • Pattern
    • Ornament
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Trade Marks
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Copyright
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Database Rights
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Confidential Information
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Where Does Europe Stand?
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Seven Key Questions
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Acknowledgements
  • The  IA Equals team
  • KPMG’s Intellectual Property Services
  • Lara Quelch, K Legal
  • Ed Round, K Legal
  • Daan Andriessen, KPMG
  • TaylorNelsonSofres
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Contact Details
  • www.intellectualpropertynet.com




  • Melvyn Ingleson
  • MJI Business Solutions
  • +44 1505 614745