As part of Madderns continued support of the Medical Device Partnering Program, Chris Wilkinson has returned to provide his Intellectual Property (IP) 101 seminar series at Flinders University at Tonsley.
Please follow the links in the seminar titles to open pdf copies of the presentations.
29 March 2016
In this talk Chris provided a brief review of the main types of IP protection available, what each type protects, and what are the basic requirements of each type. In particular Chris talked about what products and processes can typically be patented, what cannot, and what sits on the edge.
26 April 2016
A core requirement of patents is that they are new and non obvious (ie inventive!). In this talk Chris explained how the patent system assesses novelty and obviousness, including how publications are assessed.
24 May 2016
Determining who is the inventor of a patent application has been described by one judge as “one of the muddiest concepts in the muddy metaphysics of the patent law”. In this talk Chris outlined how to determine who should be listed as an inventor on a patent, and how ownership is determined based on identifying the inventors. Chris also explained how listing inventors differs from assigning authors to paper. In the second half of the talk, Chris outlined how a patent application is prepared, and what information and input patent attorneys are looking for from inventors.
21 June 2016
A core requirement of a patent is that it is novel and inventive compared to what was publically known at the date of filing (the prior art). With over 90 million patent documents in existence, it is often advisable to perform searches of patent databases to determine the likely patentability of your product or method prior to filing a patent application. In this seminar Chris discussed how to approach patent searching and discuss some free databases for performing patent searches. In addition to performing novelty or patentability searches, patent databases can be used to determine what patents are actually in force, and whether you might be infringing someone else’s patent. Chris also discussed how infringement of a patent is determined and what exemptions exist to determine if you have freedom to operate. For example performing research on how a patented product or method works will typically fall under a research exemption, even if this research is performed in order to develop a competing product or method.
19 July 2016
The patent process is typically quite long and multinational. In this seminar Chris described the overall patent process including options for filing overseas such as through the PCT system. Chris also discussed the examination and granting process, and how this varies from country to country.
30 August 2016
There are many different and overlapping types of patents and applications such as provisional, basic, standard, utility, complete, convention, PCT, Innovation, and Utility Models. In this seminar Chris explained the terminology and the relationships between the different types to reduce the confusion generated by this wide range of terms. Chris also discussed protection of Industrial Designs. Industrial Designs, also known as Registered Designs or Design Patents protect the visual appearance of products. Chris discussed what protection is available for industrial designs, and the procedures for seeking protection for industrial designs both in Australia and overseas.
27 September 2016
Branding is the public face of many companies and is used to distinguish the company and its goods in the market place. In this seminar Chris provided an overview of the trade mark system and how it can be used to protect a company’s brand. Chris reviewed the requirements and process for obtaining a registered trademark ® as well as related protection available under common law trade marks ™, passing off, and misleading and deceptive conduct provisions of the Australian Consumer Law. Chris also discussed trade secrets and how they may be protected.