Patents A
Patents A Intro to patents
Can have patents in multiple things – eg. The product and the method of making the product.
S 13 (2), s 15, s 16
A patent is personal property Assignable in writing. The inventor, or a successor in title of the inventor, may be granted a patent. A patent may be granted to a non-citizen of Australia. Patents may be co-owned.
Administration of the patent system Filing
File application with IP Australia (Patents Office) Can file provisional or complete application. Filing date = priority date. Details of application published (s63). Provisional application does not have complete specification (no full elaboration of the invention required). Provisional lapses after 1 year.
Complete specification contains See powerpoint for dog example. 1. Description of the problem to be solved. 2. Reproducible description of invention. 3. Claims. 4. Drawings. 5. An abstract.
Some time after lodgement …
Ask for examination of request/invention. Will be examined. Dox become open for public inspection. (Rights will exist from this point.) Acceptance? Publication of notice of acceptance. Opportunity for oppositions to be lodged. Patent sealed and granted (if no opposition lodged within 6 months). (Right to sue will exist from this point.) Then maintenance fees (fees increase to discourage keeping patent and monopoly in society).
Innovation patents
8 years protection. Lower inventive threshold. o Doesn’t have to be as inventive as getting an invention patent. Examination only on request. (Like designs.)
Examination needed prior to legal action. o Before can take legal action on the basis of the patent. o So can patent pretty much everything if documentation right – then will be examined if legal action sought.
What is a patentable invention? Section 18 – standard patents (1) Subject to subsection (2), an invention is a patentable invention for the purposes of a standard patent if the invention, so far as claimed in any claim: (a) is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and (b) when compared with the prior art base as it existed before the priority date of that claim: (i) is novel; and (ii) involves an inventive step; and (c) is useful; and (d) was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee's or nominated person's predecessor in title to the invention. ……. (2) Human beings, and the biological processes for their generation, are not patentable inventions.
Section 18 - propositions 7 basic propositions 1. a patentable invention is an INVENTION 2. a patentable invention is an invention that is a MANNER OF MANUFACTURE within the meaning of the Statute of Monopolies. 3. The invention must be NOVEL (re PAB) 4. The invention must involve an INVENTIVE STEP (re PAB) 5. The invention must be USEFUL. 6. The invention must NOT have been SECRETLY USED. 7. You can’t patent people or processes for their creation.
‘Manner of Manufacture’ & ‘Inventions’: Statute of Monopolies - 1624
The ban on monopolies contained in the Statute ‘…shall not extend to any letters patents and grants of privelege … hereafter to be made of the sole working or making of any manner of new manufactures within this realme, to the true and first inventor and inventors of such manufactures, which others at the tyme of makinge such letters patents and grants shall not use, soe as alsoe they be not contrary to the lawe or mischievous to the state by raisinge prices of commodities at home, or hurt of trade, or generallie inconvenient’.
Rogers v Commissioner of Patents
Early agricultural invention – device to burn down trees You cannot have a patent for an idea alone. You cannot have a patent for a principle. You cannot have a patent for a well known contrivance,
Can have patents in multiple things – eg. The product and the method of making the product.
S 13 (2), s 15, s 16
A patent is personal property Assignable in writing. The inventor, or a successor in title of the inventor, may be granted a patent. A patent may be granted to a non-citizen of Australia. Patents may be co-owned.
Administration of the patent system Filing
File application with IP Australia (Patents Office) Can file provisional or complete application. Filing date = priority date. Details of application published (s63). Provisional application does not have complete specification (no full elaboration of the invention required). Provisional lapses after 1 year.
Complete specification contains See powerpoint for dog example. 1. Description of the problem to be solved. 2. Reproducible description of invention. 3. Claims. 4. Drawings. 5. An abstract.
Some time after lodgement …
Ask for examination of request/invention. Will be examined. Dox become open for public inspection. (Rights will exist from this point.) Acceptance? Publication of notice of acceptance. Opportunity for oppositions to be lodged. Patent sealed and granted (if no opposition lodged within 6 months). (Right to sue will exist from this point.) Then maintenance fees (fees increase to discourage keeping patent and monopoly in society).
Innovation patents
8 years protection. Lower inventive threshold. o Doesn’t have to be as inventive as getting an invention patent. Examination only on request. (Like designs.)
Examination needed prior to legal action. o Before can take legal action on the basis of the patent. o So can patent pretty much everything if documentation right – then will be examined if legal action sought.
What is a patentable invention? Section 18 – standard patents (1) Subject to subsection (2), an invention is a patentable invention for the purposes of a standard patent if the invention, so far as claimed in any claim: (a) is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and (b) when compared with the prior art base as it existed before the priority date of that claim: (i) is novel; and (ii) involves an inventive step; and (c) is useful; and (d) was not secretly used in the patent area before the priority date of that claim by, or on behalf of, or with the authority of, the patentee or nominated person or the patentee's or nominated person's predecessor in title to the invention. ……. (2) Human beings, and the biological processes for their generation, are not patentable inventions.
Section 18 - propositions 7 basic propositions 1. a patentable invention is an INVENTION 2. a patentable invention is an invention that is a MANNER OF MANUFACTURE within the meaning of the Statute of Monopolies. 3. The invention must be NOVEL (re PAB) 4. The invention must involve an INVENTIVE STEP (re PAB) 5. The invention must be USEFUL. 6. The invention must NOT have been SECRETLY USED. 7. You can’t patent people or processes for their creation.
‘Manner of Manufacture’ & ‘Inventions’: Statute of Monopolies - 1624
The ban on monopolies contained in the Statute ‘…shall not extend to any letters patents and grants of privelege … hereafter to be made of the sole working or making of any manner of new manufactures within this realme, to the true and first inventor and inventors of such manufactures, which others at the tyme of makinge such letters patents and grants shall not use, soe as alsoe they be not contrary to the lawe or mischievous to the state by raisinge prices of commodities at home, or hurt of trade, or generallie inconvenient’.
Rogers v Commissioner of Patents
Early agricultural invention – device to burn down trees You cannot have a patent for an idea alone. You cannot have a patent for a principle. You cannot have a patent for a well known contrivance,
