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What is patent and licensing?

Watch an innovation breakfast about the subject: 

A patent consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention

For an invention to be patentable it:

  • Must be new (not belonging ti the state of the art);
  • Must involve an inventive step (not easily conceivable by any person having an expertise in the relevant discipline);
  • Must be capable of industrial application (to be used in the industry)

Patenting (the process):

Norinnova always perform a prior art study/patentiability study before patenting

  • Free of cost for inventors - Norinnova cover costs
  • Process involving patent lawyer, inventor(s) and Norinnova
    • Inventors need to support with writing, data and advise
  • No publications before patent is filed!
    • Includes abstract, posters, presentations etc.
    • External collaborations to be secured by confidentiality agreements (CDA/NDA, MTA)
  • Norinnova normally prefer PCT (Patent Cooperation Treaty)
    • "Buy time" (30 months from filing before national phase)
    • Delay major costs uuntil commercial partner is "on board"

The anatomy of a patent

A typical patent consists of four main parts;

  1. Front page(s)
  2. Drawings
  3. Specification
    - A background section
    - A list of drawings
    - A detailed description
  4. Claims
    - Claims are the most important part of the document and describe what the patent does or do not cover!

Licensing

A legal agreemment where an invention can be commercialized by a company. It gives the company permission to use the invention to sell.

What happens for the researcher in the event of licensing?

  • Potential future income from project; inventors (1/3) and research group (1/3)
  • Future collaboration with company?
  • Consulting?
  • Handling over know-how, materials, protocols etc.
  • Support patents
  • Confidentiality
  • Right to improvements?
  • Rights to publish