Download Slide 1 - Innovus

FOREIGN PATENTS
Rowan Joseph
Foreign Patents
•No “world patent”
•File in each country you want protection in
– Manufacturing capability
– Market
• Examination systems
• Need good search
• Tailor claims to avoid costly prosecution
PCT vs “Convention”
• PCT still requires filing in each country
• Cost a factor for few countries
• Non- PCT members
–South America
–Taiwan
PCT
1. Get good search
2. Choose examination office appropriately
– Eg US for software type inventions
3. Get Examination
–Benefits prosecution in that jurisdiction
–Beware of delays
PCT
• Ability to amend
• Ease of national phase prosecution – cost
vs
•Narrowing claims too much – protection
National Phase
• Different styles and requirements - cost
• Try for acceptance in major jurisdiction first
• Takes time
– be prepared for costs
– purchasers / licensees may hold out
• Difficult to accurately determine costs
Prosecution
• Digest prior art for patent attorney
– What are the differences
– Advantages of invention
– Why invention is clever
– Go into detail
• Perseverance vs good sense – business case
PATENT INFRINGEMENT
Patent Infringement
• Two sides
– Infringing other's patent
– Someone infringing your patent
• All in the CLAIMS
Patent Infringement
• KEY - infringe if have ALL integers in
claim
• Need to remove an integer to avoid
infringement
• Not helpful to add integers
Kreepy Krauly
A cleaning apparatus for automatically cleaning a surface submerged in a liquid, the apparatus
including a cleaning head having a peripheral region releasably engageable with the surface to be
cleaned;
two suction passages in suction communication with the head through communication openin gs
therein ;
valve seats located at each of the communication openings;
and a valve member that is automatically displaceable between and against the valve seats
for automatically transferring liquid flow through the passages from the head alternately
and repeatedly from one of the passages to the other.