IP LAW 3

Patent key requirement

novelty, inventive step, industry application

Software (patent) key requirement

further technical effect

Design key requirement

novelty, individual character

Trademark key requirement

distinctiveness

Copyright key requirement

originality

Patent Rights

prevent others from making, using, selling or importing without permission.

Structure of a patent

Claims: define the legal scope of the protectşon sought. (important in infringement cases)

Description: explains how the invention works, what problem it solves, technical details. must be clear enough for a skilled person to reproduce.

Drawings

Abstract: a brief summary.

Inventive step (patent req.)

The invention must not be obvious to a skilled person. needs creativity and non-tirivality.

The EPC tries to avoid two extremes:

1) reading claims too literally

2) ignoring claims and using only descriptions

Paris Convention

right of priority

PCT

single international application

EPC

single centralized EU patent system

UPC (unified patent court)

centralize patent litigation in EU, cheaper, more consistent, more efficient.

UCD

short term protection for fashion trends, 3 years, no registration needed, narrower protection than a registered design.

Inventions must have:

technical character.

Problem solving approach

to assess the inventive step. what problem?, obvious?, what already exists?.

What is not an invention?

"As such": if these have technical character they can become patentable.

further technical effect

the software does something technically meaningful beyond normal code execution.

Examples to further technical effect:

1) Control of an industrial process or machines

2) Processing physical data

3) Improving computer functioning

Software patent vs copyright

Software patent: protects the underlying functional idea. prevents from other implementing the same technical function even with a different code.

Software copyright: protects the expression of the software: the actual source code and the written code itself. prevents direct copying of the code, but others can create a similar software using a different code.

software enjoys

dual protection.

Design

protects the appearance of the whole or part of a product.

Shape trademarks vs designs

Shape marks: identify commercial origin. potentially infinite. must be distinctive.

Designs: protect aesthetic appearance. limited. must be new.

both cannon consist functional features.

Exclusions from design protections:

- must fit

- modular systems

Cumulative protection

It is possible for a product to be protected by multiple layers of IP simultaneously.

Look-alike products may infringe:

- design rights

- trademark law

- unfair competition law