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INTELLECTUAL
PROPERTY

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TYPES OF INTELLECTUAL PROPERTY

Patents:

protect what makes things work like what makes a wheel turn or the chemical
formula of your favorite softdrink
Designs:
protect the appearance of a
product/logo, from the shape of an airplane to
a fashion item
Trade marks: signs (like words and logos)
that distinguish goods and services in the
marketplace
Copyright: automatic right which applies
when the work is fixed, that is written or
recorded in some way
http://www.ipo.gov.uk/types.htm

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PURPLE
BIOTECHNOLOGY

patents, Intellectual Property Rights (IPR)

THE BUSINESS SIDE:

IPR AND INVENTIONS

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SAMPLE PATENT:
STEEL KIDNEYS

After receiving a grant from the state in 1946,

Nils Alwall, a doctor in Lund, began developing

a dialysis machine for people suffering from
kidney disease.

Just over twenty years later, his inventions

started to be mass produced.
Although
there
were
several
dialysis
equipment in various places, Nils Alwall was
the one who first succeeded in ensuring that
unnecessary liquid could be removed.

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http://www.prv.se/upload/dok
ument/Immaterialr%C3%A4t
t/Patent/218441.pdf

VISITACION C. HUELGAS, IPB, UPLB

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THREE PATENT CATEGORIES (US)

Utility

Patents
Design Patents
Plant Patents

1. UTILITY PATENTS
apply to new and useful processes,
machines, manufactures,
compositions of matter, or any new
and useful improvement of one of
these
Three basic types: mechanical,
electrical, and chemical.
(Pharmaceutical patents are a
special case of chemical patents.)

http://guides.lib.umich.edu/content.php?pid=35640&sid=288824

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2. DESIGN PATENTS
apply to new, original, and
ornamental design for an article or
manufacture
To highlight the difference between
design and utility patents:
original
Macintosh
computer:
plastic shell that covers all working
parts is covered by a design patent,
while many of the working parts it
hides are covered by utility patents

http://email-junk.com/photo/coolinventions-15-pictures.html

http://guides.lib.umich.edu/content.php?pid=35640&sid=288824

3. PLANT PATENTS
granted

to any person who has invented or

discovered and asexually reproduced any
distinct and new variety of plant, including
cultivated sports, mutants, hybrids, and newly
found seedlings, other than tuber-propagated
plant or a plant found in an uncultivated state."

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THREE CITERIA TO GET PATENT

USEFULNESS
NOVELTY
(NON)

OBVIOUSNESS

http://guides.lib.umich.edu/content.
php?pid=35640&sid=288824

Philippines:
Plant Variety Protection
(PVP)
Lecture by PCAARRD (2007)

Providing Science Solutions for a vibrant agriculture and sustainable

environment

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What is the legal framework of PVP?

Republic Act 9168 Plant Variety

Protection Act of 2002

Administrative Order No.7,

Series of 2003, Implementing Rules
and Regulations of the PVP Act

Lecture by PCAARRD (2007)

What is Plant Variety Protection (PVP)

The exclusive right
granted to the plant
breeder of a new
plant variety to
exploit his/her
variety.
Lecture by PCAARRD (2007)

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Importance of PVP
Protection of breeders from piracy
Prevents other entities from acquiring a
patent or other forms of protection on
publicly developed materials, and
Incentives to increase genetic variability
and enhance plant breeding activity
Encourages
varieties.

the

release

of

superior

Lecture by PCAARRD (2007)

Conditions for granting PVP

new

- variety not been sold, offered for sale or

otherwise disposed of to others
distinct - clearly distinguishable

characteristics from a particular genotype or

combination of genotypes
uniform - relevant characteristics are similarly
expressed
stable

- characteristics remain unchanged after

repeated propagation

Lecture by PCAARRD (2007)

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PVP Certificate
Issued to the applicant upon complying
with the different requirements and
information
Requirements Include: Publication of the
application in the Plant Variety Gazette
and payment of fees

Terms of protection of the PVP

25 years for vines and trees and
20 years for all other plants
Lecture by PCAARRD (2007)

Rights of Holders
production or reproduction
conditioning for purpose of
propagation
offering for sale
selling or other marketing
exporting, importing, stocking

Lecture by PCAARRD (2007)

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Exceptions to Plant Variety Protection

Acts done
purposes,

for

none

commercial

Acts done for experimental purposes,

Acts done for the purpose of breeding
other varieties, and
The use of propagating materials by
small farmers.
Lecture by PCAARRD (2007)

PP VS PVP
UN(N)O criteria
Specific plant patents are only
available
in
very
few
countries.
patent
protection
of
all
asexually reproduced plants
EXCEPT:
1)
tuberpropagated plants and 2)
plants
found
in
an
uncultivated state.
exclude
others
from
asexually reproducing, using,
selling, offering for sale or
importing into the country the
reproduced plant (or any of its
parts)* for a period of 20 years

DUS criteria

Less
stringent
requirements

Protection for 25
years for vines
and trees, 20
years for all
other plants

http://www.patentlens.net/d
aisy/patentlens/1234.html

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ARCHENEMY OF PATENTS:
PRIOR ART
What is it?
Why is it needed?
When is a material a prior art?

PRIOR ART LECTURE BY

VISITACION C. HUELGAS, IPB, UPLB

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PRIOR ART
references found in the search
complete set of technical experience
and knowledge that exists in the field
pertaining to the invention to be patented or
registered
can
be
combined
determination

in

obviousness

puts the history of old invention

PRIOR ART LECTURE BY VISITACION C. HUELGAS, IPB, UPLB

I
M
P
O
R
T
A
N
C
E

To substantiate the claims that the

product/process is new, inventive and has
industrial/commercial utility
Effective and accurate prior art helps
support
patent/registration
application
Valuable for the scientist to get a clearance
of
their
inventions
for
patent/registration rights or modification
of the work

PRIOR ART LECTURE BY VISITACION C. HUELGAS, IPB, UPLB

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I
M
P
O
R
T
A
N
C
E

Intellectual property portfolio building

helps enhance the institutions value or
reliability
Can help prevent expenditure or waste
of money on filing and prosecuting a
patent application

PRIOR ART LECTURE BY VISITACION C. HUELGAS, IPB, UPLB

W
H
A
T
is
P
R
I
O
R
A
R
T?

Any publication
- published patents , databases, trade
journals (in any language, any copy
brought or read by a third party)
e.g. dissertation, daily gazette,
textbook, periodicals
Any material available to the
public
- no matter how it is accessed,
even small circulation
e.g. lectures, handouts, scientific
publications, conference journals
with abstracts

PRIOR ART LECTURE BY VISITACION C. HUELGAS, IPB, UPLB

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W
H
A
T
is
P
R
I
O
R
A
R
T?

Oral disclosures
- according to European Patent Convention
- lectures
- non-confidential discussions between the
scientist and third party
- crucial: how to prove, date of occurrence,
transcript available?

Documents
signed
between the scientist and
another party
- MOA, LOA, MOU,
license, etc.

PRIOR ART LECTURE BY VISITACION C. HUELGAS, IPB, UPLB

W
H
E
N

Is
IT
a

P
R
I
O
R
A
R
T?

Grace periods relating to international

exhibitions
e.g. World Expo and officially recognized
exhibitions as set in the 1928 Convention on
International Exhibitions

Traditional knowledge
(TK), Indigenous
knowledge (IK), Local
knowledge (IK) still in
consideration
- generally refer to matured
long standing traditions and
practices of certain regional,
indigenous
or
local
community

PRIOR ART LECTURE BY VISITACION C. HUELGAS, IPB, UPLB

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Useful patent websites

W
H
E
R
E
T
O
S
E
A
R
C
H

Eurasia Patent Office http://www.eapo.org

European Patent Office http://www.epo.org;
images http://ep.esp@net.com
Philippine Intellectual Property Office
http://ipophil.gov.ph./PatSearch/rrinvention.htm
http://www.wipo.int/ipdl/en/resources/links.jsp
http://www.wipo.int/ipdl/en

WIPO Patent Information Services (WPIS)

http://www/wipo.int/innovation/en/wpis/pdf/wpis.pdf
Services offered http://iprexsolutions.com/
German Patent Office - http://depatisnet.dpma.de/
Japan Patent Office http://www19.ipdl.ncipi.go.jp/PA1/cgi-bin/PA1INIT
United States of America http://www.uspto.gov
http://www.freepatentsonline.com

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