Introduction to

Intellectual Property
for EPFL Microtechnology Master Students
23/24-Nov-2023

© Christian Schott
Nov 2023

Introduction to Intellectual Property – C. Schott, Nov 2023

 A small
anecdote on
“Novelty”
Introduction to Intellectual Property – C. Schott, Nov 2023
 The Problem

• 14-Oct-1964: The freighter “Al

Kuwait” capsizes in Kuwait’s
harbor
• 5000 sheep start decomposing
• Drinking water threatened with
contamination
• Bring in cranes takes too long
and has risk of ship breaking
… a tricky situation ….
Introduction to Intellectual Property – C. Schott, Nov 2023
 The Solution
… fill the ship with plastic-balls to bring it up !
• Danish inventor Karl Krøyer proposed to raise
the sunken ship by filling it with buoyant bodies
fed through a tube
• 31-Dec-1964: He filled the ship with 27 million
plastic balls weighing 65 tons. The balls had
been airlifted from Berlin to Kuwait.
• Total cost was $345,000, saving the insurance
company most of the $2,000,000 insured value,
according to the New York Times.
• … but of course, before using the method, Karl
filed a patent in Nov-1964 !

Introduction to Intellectual Property – C. Schott, Nov 2023

 Good idea! – Let’s get a Patent!
The granted GB patent

Introduction to Intellectual Property – C. Schott, Nov 2023

 The Patent
Application in
Detail
Introduction to Intellectual Property – C. Schott, Nov 2023
 The 5 parts of a patent document
3 Claims

4 Abstract

2 Specifications

1 Patent Application

5 Drawings

Introduction to Intellectual Property – C. Schott, Nov 2023

 Patent Application Form
The bibliographic information Abstract

Claims
Application Number
International Patent
Classification
Filing date Specifications
Potential Countries
Name and address of inventor(s)
Priority date

1
Name + address of patent agent
Patent Application

Applicant (owner !)
Title of invention
Drawings
Abstract

Drawing (optional)

Introduction to Intellectual Property – C. Schott, Nov 2023

 Who is an inventor ?
• …not your boss
• …not the person making the nice drawings
• …not the person filing the patent
• …not the person making the simulations to show the invention really works
• …not the person helping to characterize the prototype in the lab
• …not the person bringing in the customer who buys one million pieces
All of those people are VERY, VERY helpful, but NOT INVENTORS !
• … only the person who had the initial idea
• … and a person who further contributed to at least one of the claims

This is a VERY sensitive question and shall be settled early

Introduction to Intellectual Property – C. Schott, Nov 2023
 Specification
The main description of your invention Abstract

Claims
Background of invention

2 Specifications

Field of the invention

Patent Application

Description of related art Drawings

Specifications: “Disclosure of the invention in a manner sufficiently clear

and complete for it to be carried out by a person skilled in the art”

Introduction to Intellectual Property – C. Schott, Nov 2023

 Claims
Draw the line of what you want to protect… Abstract

3 Claims

Specifications

Patent Application

Drawings

… by defining the matter for which protection is sought

Introduction to Intellectual Property – C. Schott, Nov 2023
 Abstract
4 Abstract

Claims

Specifications

Patent Application

Drawings

A concise summary of the disclosure of the invention

Introduction to Intellectual Property – C. Schott, Nov 2023
 Drawings
Illustrate your invention … Abstract

Claims

Specifications

Patent Application
… and show every feature
of it.
Drawings may consist of
several views. 5 Drawings

Introduction to Intellectual Property – C. Schott, Nov 2023

 But … most inventions are hard work !

… Edison tried 1000’s of

materials before he
found the carbonized
bamboo filament !

Introduction to Intellectual Property – C. Schott, Nov 2023

 Patent
Searching

Introduction to Intellectual Property – C. Schott, Nov 2023

 Espacenet: website of the European Patent Office
https://worldwide.espacenet.com/

Introduction to Intellectual Property – C. Schott, Nov 2023

 EPO advanced search

keyword
s

patent classes

Introduction to Intellectual Property – C. Schott, Nov 2023

 Patent Classifications of the EPO

Introduction to Intellectual Property – C. Schott, Nov 2023

 Let us check out this ….
… an autonomously operating lawn-mower

Introduction to Intellectual Property – C. Schott, Nov 2023

 How to find the right patent classification ?
Solution 1 : by checking the classes on any relevant patent

Patent classes
used in
examination

Introduction to Intellectual Property – C. Schott, Nov 2023

 How to find the right patent classification ?
Solution 2 : by typing keywords and see which ones are proposed (recommended !)

keywords

Proposals with
star ratings

Introduction to Intellectual Property – C. Schott, Nov 2023

 How to find the right patent classification ?
Solution 3 : by digging through the hierarchy or knowing it already..

Click !
A01D34/008

Introduction to Intellectual Property – C. Schott, Nov 2023

 This is how the query result looks like

Introduction to Intellectual Property – C. Schott, Nov 2023

 … and if you click on one you get this…

Introduction to Intellectual Property – C. Schott, Nov 2023

 Exercise 2
Patent Searching

Introduction to Intellectual Property – C. Schott, Nov 2023

 Exercise: Find patents related to this device (20min)

• Which relevant patent classes do you identify ?

• How many relevant patents can you find?
• What is the earliest relevant patent filing in the field?
Introduction to Intellectual Property – C. Schott, Nov 2023
 Claim Drafting

Introduction to Intellectual Property – C. Schott, Nov 2023

 Claim Definition
• The claims are the heart of a patent,
in that they define the limits of
exactly what the patent does, and
does not, cover. CLAIMS
• The patentee has the right to exclude
others from making, using or selling,
only those things which are described
by the claims.

Introduction to Intellectual Property – C. Schott, Nov 2023

 Claim Definition
• There are independent claims standing on their own and dependent claims
making reference to another claim.
• Claims can be constructed in several ways, typically they contain three
portions:

• The Preamble Identifies the category of the invention

“comprising” , ”including”,
• The transitional Phrase
”containing” , ”characterized by”

• The characterizing Portion Recites elements and their relationship,

limits the claim

Introduction to Intellectual Property – C. Schott, Nov 2023

 Claim Construction
• A safety indicating device for indicating
displacement between a first fixed
member and a second member
rotatably attached to the first member,

• the device comprising

• engagement means enabling the device

to be releasably secured to the second
member and indicating means to
indicate the position of the device
relative to a reference.

Introduction to Intellectual Property – C. Schott, Nov 2023

 Claim Construction
• A safety indicating device for indicating
displacement between a first fixed
member and a second member
rotatably attached to the first member,

• the device comprising

• engagement means enabling the device

to be releasably secured to the second
member and indicating means to
indicate the position of the device
relative to a reference.

Introduction to Intellectual Property – C. Schott, Nov 2023

 Claim Mapping

Introduction to Intellectual Property – C. Schott, Nov 2023

 Thank you !
We appreciate your
comments on this
course on !

Introduction to Intellectual Property – C. Schott, Nov 2023

 Our family project: learn the clock!
A novel approach for all those who want to learn – and re-learn : www.tean.ch

Introduction to Intellectual Property – C. Schott, Nov 2023