Get to know the important timeline for getting a patent. We look at the filing, international filing, examination, publication, and potential approval of a patent. Note that we will go deeper into the search machinery later in lecture 5. By Peter Ulvskov.
Welcome to the first lecture on document types.
issue of a patent if that happens or If it fails.
you need a basic understanding of the filing process as such.
And so, I will do a bit of growing on the back in the envelope in just a second.
it's important that we have a basic understanding of the filing process.
In order to do that we draw timelines of the life of a patent application.
You would do that many times.
They don't need to be pretty.
Do it on the back of the envelope.
And you would do it repeatedly during this course.
So let's take a look what happens when you make an invention at a certain point zero.
And what happened at this point was that you submitted a priority application.
What is a priority application?
where you want to establish priority.
That is a filing date.
This was the date when this inventions was first filed, the list first filled by you.
the patent authorities would begin examination.
This is hardly readable, but I'm sure you get the meaning.
it would be rejected depending on whether you fulfill the criteria of novelty.
Inventive step and industrial capability.
However, as I said, this is not the way it is usually done.
Something happens at month 12.
So here we have month 12.
remains secrets and nothing happens to it.
because your intention is not to have a national patent issued.
Your intention is that you will file an international application after 12 months.
if we say that in that priority you did describe your invention A.
And then, you continue work in the laboratory and offer three months.
better or use it for one more thing that you are really anticipated.
So at this point in time, here we have time 0 and here we have 3 months.
then you add some new material to it, A prime.
then you will cling back to P2 and P1.
Now, what are the neuro priority date for your patent application here at month 12?
file an invention that covers A, this would be your priority.
finds an application here at month two that describes a prime.
that either published or filed at month number two.
At month number 18, something else happens.
something that comes out of it, and that's a publication.
Now, your application is published.
And that is done by the authorities, and that happens rather automatically.
What happens hereafter is that the examination now begins.
cannot issue a patent for you, but they can judge patentability.
that we will deal with in a later video.
But this is prerequisite for understanding what we are going to do in a minute.
documents as the application moves through the system.
let's see some of the more important ones.
under the Patent Cooperation Treaty in the top line and then you have the PCT.
And a number preceded by WO.
has a search report appended to it.
This is actually a standalone search report, it's written down here.
It's published with an international search report.
the American System used United States Patent Application Publication.
as a document type of being a publication and the number.
It has the year included in it.
not in the American system.
If such an application resolves in a patent, that's what it looks like.
This is a United States Patent, again easy to see what document type is.
it has a suffix that means something.
look up what this particular patent, what it means for this particular patent.
called the European Patent Specification.
it also has a surface that can be looked up in the patent kind code document.
You should now be familiar with the patenting process in general terms.
you need to be able to sort out document types resulting from a patenting process.
eventually, we will introduce this week's quiz.
We are using different databases in this course, as you already know.
we will use it as an entry point also here.
access to it, we trust that your university library does that.
this is the interface that meets you when you log in.
which database we are employing during this course.
To access Derwent Innovation Index we will use this drop down menu up here.
And when we do that a table of field tags appears on the right.
a particular document that I think that we should all know about.
a particular pattern number, the number of hits is obviously just one.
we will get incorporation of foreign genes into microorganisms.
a pattern that forms the basis of much of biotechnology.
you can see here down at the bottom through 1974 to 79.
in a issued patent, the year after in 1980.
17 years according to the old U.S. system.
in theory be even earlier publications that could be damaging to this patent.
information prior out that was cited in the patent for example.
have continuation part that means and please consult the textbook.
where the patent was eventually examined and issued.
claim number one is the broadest one that defines the scope of the patent.
that allows people to completely understand what the patent is all about.
right now, we will return to defining process.
and prosecuting, a patented US system.
between the old system and the new system in the US.
Now let us examine a contemporary US filing.
here the number of the issued patent.
If we scroll down we see that it's based on two priority application.
The first one from 2003, happens to be a provisional application.
And exactly one year later, the real application is filed.
out loud and clear, United States Patent Application Publication.
The date over here is the date of publication, not the filing date.
And up here, you have the number of the publication with the year included.
that's the format that you will need later on in order to follow prosecution.
the provisional application that began the entire process.
And then let us move onto the issued patent.
it's easy to see what it is, United States Patent.
And over here, you have a date, that's the date of issue, again, not the filing date.
it carries the suffix B2, what does that tell us?
What we need is a table of document kind codes.
many others out there fo you to find.
But lets take a look at this one.
when patents carried a suffix.
At that time, B2 went in, re-examination certificate after second re-examination.
nowadays the B2 means granted patent as second publication.
that one in our case being the 2005 population application.
patent if you state that it will not be pursued outside the US.
Then we will notice the following B2 patent after modification.
When is a patent modified?
order to satisfy directions from the examiner, for example.
So the B2 in Europe Is a lot closer to the pre-test at one meaning in the US.
get our hands on documents that are not publications as such.
we will go to the patent database link on the companion website.
And there, we'll find the US Public Pair.
so we can select that and type in the patent number.
What do you we see here?
We will see the patent number listed here.
here and we will see the original application up here.
What then about the provisional application?
because we see that here.
Here we can actually get to see what it looked like, the original application.
non-surgical text of interest might be to see what the real claims look like.
activity, wherein the isolated polypeptide, and so on and so forth.
This is claim number one, the broadest claim back then.
It might be of interest to compare that to the similar claim in the issued patent.
The next thing we might want to do is take a look at the transaction history.
beginning prosecution in September 2004 and onwards.
where we can actually see and download each of the files here.
It is noteworthy that we have claims being submitted in 2005.
not have a patent claim set similar to the one on the provision application.
Click the the Fees tab and you get a new window.
the application number, which we paste in and then click Continue.
a half years and that there are no maintenance fee due at this time.
if the amenders intent to continue keeping this patent alive.
We are now ready to put everything on the timeline.
then the real application exactly one year later.
Then the published application, and finally the issued patent.
Now you might wonder why do we bother with this analysis?
Well it's all related to freedom to operate analysis.
these inventors are your comparisons, so you're following their patent and causes.
in this first case we assume that the patent has not yet been issued.
try to figure out whether you think they will get the patent or not.
you are interested in how broad a scope the broadest claim will cover.
that I have submitted during the prosecution process.
that issued kind of patent has been issued as in this case.
anymore because the inventors do not pay the fees then it is merely prior R.
if the broadest claim has been reduced during the prosecution process.
everything that they wanted are probably, will probably also apply to you.
If you they couldn't get something past the examiner, you probably cannot either.
PCT system in the following video.
But before you move on to the next video I would encourage you to recap.
the suffixes that the numbers often carry.
following prosecution, the US Public Pier.
make sure that you can operate the US Public Pier on your own accord.