Biomedical Engineering Reference
In-Depth Information
13.2 Types of IP Protection
There are four main types of IP protection:
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Patent
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Registered Design
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Trademark
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Copyright
We shall be considering the first two the most.
13.2.1 Patent
A patent is a legal document, normally drawn up by a patent attorney, which provides
claims that define a new device, process, etc. and grants the owner of the patent exclusive
rights to use it. Of course there is an awful legal definition - but I do not intend to belabor
the point any more. However, to be eligible to apply for a patent your invention must
(
IPO, 2012
)
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be new;
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have an inventive step that is not obvious to someone with knowledge and experience in
the subject; and
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be capable of being made or used in some kind of industry.
It must not be any of the following:
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a scientific or mathematical discovery, theory, or method
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a literary, dramatic, musical, or artistic work
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a way of performing a mental act, playing a game, or doing business
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the presentation of information, or some computer programs
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an animal or plant variety
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a method of medical treatment or diagnosis
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against public policy or morality
Do not be afraid by the bullet saying medical treatment is barred. This means you cannot
patent having to cut a hole in the stomach wall to access the stomach to remove a tumor; the
instruments that are required to do it are not barred.
The patent is normally filed in your country of residence. However you may file in another
country first if that is likely to be your first point of use. The date of this initial filing is called
the
priority date
; and it is by this date that the patent lives and dies. A patent's normal lifespan
is 20 years, but there are ways of extending this if the patent has lain dormant for a very good
reason. If you file a patent in more than one country it is the priority date of the initial filing
that matters.
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