Nauka innov. 2005, 1(4):23-29

Seth D. Levy
Davis Wright Tremaine LLP


Accessing the Global Intellectual Property Market: Intelligent Decisions about Patent Protection

Section: Emerging Technologies, Innovation Management and Technology Transfer in Central and East Europe
Language: English
Abstract: Patent protection can be a tremendously useful tool for transferring technology from the research laboratory to the commercial marketplace. However, many misconceptions exist – especially in the academic world – about how to effectively and efficiently make use of patent protection. By overcoming some of the common myths and making informed decisions about when and where to pursue patent protection, research institutions and their scientists can benefit significantly. Patent protection is available across a wide range of technologies, but the availability of patent protection alone may not be a sufficient basis upon which to determine whether to pursue patent protection. This is because the mere availability of patent protection does not necessarily equate to commercial viability of the underlying technology. Thus, a further analysis of the technology's commercial potential can be quite important in making informed decisions about the patent process.
Key words: Patent protection, transferring technology.

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1. See, e.g., 35 United States Code § 271.
2. See, e.g., 35 United States Code § 102, European Patent Convention Articles 52(1) and 54.
3. See, e.g., 35 United States Code § 103, European Patent Convention Articles 52(1) and 56.
4. See, e.g., 35 United States Code § 101, European Patent Convention Articles 52(1) and 57.
5. See, e.g., European Patent Convention Article 52(4).
6. See, e.g., the Paris Convention for the Protection of Industrial Property (1883), the Patent Cooperation Treaty (1970), the Patent Law Treaty (2000), the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977), and the Strasbourg Agreement Concerning the International Patent Classification (1971).
7. Article 54(2) of the European Patent Convention (EPC) creates an "absolute novelty" requirement. EPC countries presently include Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Hellenic Republic, Hungary, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia and Turkey.
8. See 35 United States Code §§ 102(a), 102(b)
9. See 35 United States Code § 111.