Understanding Patent Documents: A Comprehensive Overview
Patent documents play a crucial role in protecting innovations by providing technical, legal, and business-relevant information. They contain details about applicants, inventors, descriptions of inventions, claims defining the scope of protection, and priority filing information. Analyzing patent documents helps in understanding the innovation landscape and protecting intellectual property rights effectively.
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INTRODUCTION TO PATENT DOCUMENT 1 LAUNCH OF MASENO TISC CENTRE AND IP TRAINING 18TH TO 20TH AUGUST 2021 Cleophas Ojode cleojode@yahoo.com
PATENT DOCUMENT 2 Patent document comprises all information which: o Has been published in a patent document o Can be derived from analyzing patent filing statistics
PATENT DOCUMENT 3 Patent document includes: Technical information-from the description and drawings of the invention Legal information- from the patent claims defining the scope of the patent and - from its legal status Business-relevant information- from reference data identifying the inventor, date of filing, country of origin etc.
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Applicant- name of the individual or company applying to have a particular invention protected Inventor- name of the person (s) who invented the new technology or developed the invention Description- Clear and concise explanation of known existing technologies related to the new invention o And explanation of how this invention could be applied to solve problems not addressed by the existing technologies; o Specific embodiments of the new technology are also given 4
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Claims- Legal definition of the subject matter which the applicant regards as his invention and for which protection is sought or granted 5 o Each claim defines the scope of protection of an invention and its unique features o Claims must be clear and concise and fully supported by the description
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Priorityfiling- Original first filing on the basis of which further successive national, regional or international filings can be made within the priority period of one year 6 Prioritydate - Date of the first filing from which the invention is protected if the application is successful and from which the one-year priority period for further application starts,
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Filing date -date of submitting an individual patent application at a particular patent office, hence the date from which the invention is protected if the application is successful 7 Designatedstates- if the application is regional or international, the countries to which the rights may be extended.
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Legalstatus- indicates whether the patent has been granted or not o If granted, the countries or regions in which the patent has been granted o Whether it is still valid or has expired or been invalidated in a particular country or region
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Citations and references Certain patent documents also include references to related technology information uncovered by the applicant or patent examiner during patent granting procedure 9 o These references and citations include both patent and non-patent documents
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Bibliographicdata - Refers to the various data appearing on the front page of a patent document or the corresponding applications and may comprise: 10 o Document identification data o Domestic filing data o Priority data, publication data o Classification data
PARTICULAR INFORMATION FOUND IN PATENT DOCUMENT Document kind codes- Used to distinguish published patent documents according to type and status e,g 11 o Code A1-denotes a published application complete with ISR ( International Search Report) o Code A2 indicates a published application without an ISR o Code A3 designates an ISR published separately from an application Countrycodes- specify different countries by a unique two-letter country code( KE-for Kenya)
Patent Documents Bibliography Description Representative Drawing Claims (Info. of Rights) 13
US publication Grant Grant Information Information Title of the Title of the Invention Invention Personal Info.: Personal Info.: Attorney Attorney Personal Info.: Personal Info.: Inventor Inventor Personal Info.: Personal Info.: Applicant Applicant Summary of Summary of Technology Technology Application Info. Application Info. Priority Priority Information Information Technology Technology Classification Classification Cited Cited Information Information 14
Patent Information: PCT Publication International Publication date International Patent Classification International Application Number International Publication Number International Filing Date Agent Filing Language Publication Language Designated States Priority Data Applicant Inventor Title of the Invention Drawing representing the invention Abstract 15
PATENT FILING AND GRANTING PROCEDURES 17 Based on Patent law and regulations in Kenya: Based on Patent law and regulations in Kenya: Industrial Property Act Industrial Property Regulations Administrative Instructions Guidelines for Examination- -KIPI Industrial Property Act Industrial Property Regulations Administrative Instructions Guidelines for Examination KIPI
Industrial Property Act 18 Adopted in 2001 Adopted in 2001 Empowers KIPI) to: Empowers KIPI) to: grant patents register utility models and register industrial designs grant patents register utility models and register industrial designs
Filing of patent applications 19 Types of Applications Types of Applications National (local) ARIPO (Regional) PCT (International) Foreign Direct Filing KIPI KIPI acts as a receiving office (RO) under the PCT acts as a receiving office (RO) under the PCT National (local) ARIPO (Regional) PCT (International) Foreign Direct Filing
Filing of patent applications 20 Who can file: Who can file: The applicant or Authorized representative of the applicant The applicant or Authorized representative of the applicant
Contents of a Patent Application 21 A request A request- -IP Form 3 A description; One or more claims; One or more drawings (where necessary); An abstract; Sequence listing (where necessary) IP Form 3 A description; One or more claims; One or more drawings (where necessary); An abstract; Sequence listing (where necessary)
Examination of Application on Filing Upon receipt of an application, it is examined by the Upon receipt of an application, it is examined by the office and accorded a receiving date (RD) office and accorded a receiving date (RD) Filing Date (FD) given if application documents contain: contain: A request, A description and One or more claims If FD requirements NOT met, applicant invited to correct deficiencies correct deficiencies FD requirements met, receiving date becomes the FD and the applicant is notified. and the applicant is notified. 22 Filing Date (FD) given if application documents o A request, o A description and o One or more claims If FD requirements NOT met, applicant invited to FD requirements met, receiving date becomes the FD
Formality Examination 23 Once FD has been accorded, the Office checks Once FD has been accorded, the Office checks compliance with provisions governing: compliance with provisions governing: Form and content of application, the description, claims, declaration of priority, authorization of claims, declaration of priority, authorization of representative and fees to be paid representative and fees to be paid Formal requirements not met, applicant invited to correct the defects correct the defects Formal requirements met, applicant notified of compliance with formal requirements compliance with formal requirements Form and content of application, the description, Formal requirements not met, applicant invited to Formal requirements met, applicant notified of
Publication of Patent Application 24 Application published promptly after expiry of 18 Application published promptly after expiry of 18 months from filing date or months from filing date or if priority is claimed, from the priority date if priority is claimed, from the priority date Application withdrawn or abandoned before expiry of 18 months from filing date not published 18 months from filing date not published No re- -publication of PCT applications entering publication of PCT applications entering national phase, Why? national phase, Why? Publication would have been done by the International Bureau of WIPO (IB) during the International Bureau of WIPO (IB) during the international phase. international phase. Application withdrawn or abandoned before expiry of No re Publication would have been done by the
Substantive Examination 25 Substantive examination not automatic after filing Substantive examination not automatic after filing Carried out upon request Request should be filed within 3 years from the date of filing of filing In addition to request for examination, possible to request for expedited / accelerated examination request for expedited / accelerated examination Carried out upon request Request should be filed within 3 years from the date In addition to request for examination, possible to
Search and Search Report 26 Search performed to establish relevant prior art Search performed to establish relevant prior art Search conducted on the basis of the claims, with due regard to the description and drawings if any due regard to the description and drawings if any Search report drawn upon conclusion of the search Search report indicates prior art documents considered necessary for evaluation of novelty and considered necessary for evaluation of novelty and inventive step inventive step Search conducted on the basis of the claims, with Search report drawn upon conclusion of the search Search report indicates prior art documents
Substantive examination 27 Carried out to determine whether the invention meets Carried out to determine whether the invention meets patentability requirements patentability requirements Patentability requirements: Novelty (new) Inventive step (non- -obvious) and obvious) and Industrial applicability Other matters considered: Exclusions from patentability, unity of invention, sufficiency of disclosure, public order and morality sufficiency of disclosure, public order and morality Patentability requirements: o Novelty (new) o Inventive step (non o Industrial applicability Other matters considered: o Exclusions from patentability, unity of invention,
Substantive examination 28 Patentability requirements not met, applicant notified Patentability requirements not met, applicant notified of non of non- -compliance and invited to submit observations compliance and invited to submit observations and or amendments and or amendments Patentability requirements met, applicant notified of decision to grant decision to grant Patentability requirements met, applicant notified of
Grant and Publication 29 Notification of decision to grant, is subject to payment of Notification of decision to grant, is subject to payment of grant and publication fees: grant and publication fees: patent granted; certificate of grant and copy of patent issued to Applicant; Applicant; reference to grant is published in the KIPI Journal; patent recorded in the Patents Register; patent granted; certificate of grant and copy of patent issued to reference to grant is published in the KIPI Journal; patent recorded in the Patents Register;
Effect of KIPI Patent 30 Provided it is maintained, patent granted by KIPI is Provided it is maintained, patent granted by KIPI is enforceable within the territory of Kenya under the enforceable within the territory of Kenya under the applicable national law applicable national law Patent is subject to applicable national law Patent is subject to applicable national law Duration of a patent Duration of a patent - - 20 years from filing date 20 years from filing date
Renewal Fees 31 Annuity fees required to be paid in respect of a patent application Fees fall due on the eve of each anniversary of the date of filing Fees may still be validly paid up to 6 months after due date, provided that a surcharge of the belated renewal fee is paid within the same period Failure to pay annuities and any additional fee due in time, result in application being deemed to be withdrawn / abandoned; patent deemed to lapse
Appeals 32 Appeals may be filed before the industrial property Appeals may be filed before the industrial property tribunal tribunal The tribunal Considers and decides on any appeal lodged by the applicant; applicant; Reviews any final administrative decision of the Office in relation to the implementation of the IPA in relation to the implementation of the IPA The Tribunal decision is not final, can be challenged high court high court The tribunal o Considers and decides on any appeal lodged by the o Reviews any final administrative decision of the Office o The Tribunal decision is not final, can be challenged in in
Restoration of Rights 33 Loss of rights due to applicant or to a patent being Loss of rights due to applicant or to a patent being unable to observe a time limit unable to observe a time limit Rights could be restored upon written request subject Rights could be restored upon written request subject to meeting certain requirements to meeting certain requirements
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