Workshop on Patents

Bachelor/Master's Degree, Universiti Brunei Darussalam, 2021

Students will learn the Introduction to Patents and Patents Search.

Introduction

Can you patent an idea?

  • What is the idea?
    • Result
    • Idea is a machine, process, manufacture, or composition of matter

What are the types of inventions that can be patented?

  • Useful inventions

    • protected by utility patents.
  • Ornamental inventions

    • protected by design patents.
  • Plant inventions

    • protected by plant patents.

Useful Inventions

  • Process
  • Machine
  • Manufacture
  • Compositions of matter

Excluded - depends on a country

  • Scientific Theories
  • Mathematical Models
  • Plant or Animal Variety
  • Commercial or Business Methods
  • Computer Programs per se
  • Diagnostic or Surgical Methods for treatment of humans or animals (opposed to medical products)

Ornamental Inventions

  • Any type of surface ornamentation

Plant Inventions

  • Any new and distinctive plants

Legal Requirements to get a Patent

  • Is your Invention Useful?
    • Utility Requirement
  • Is your Invention a Machine, Process, Manufacture, Composition of Matter
    • Eligibility Requirement
  • Is your Invention New?
    • Novelty Requirement
  • Is your Invention Not-Obvious?
    • Non-obviousness Requirement

Process patents

  • A process is a series of steps, acts, or methods.

    • patent on the method of doing something.
  • Different method claims can protect different aspects of the invention.

Machine patents

  • A machine is an apparatus or a group of assembled components that achieves a result.

    • Examples: a computer, a car, and a desk.

Manufacture

  • Material that is milled, cut, treated into a new form, quality, or property.

    • similar to a machine, and in some instances, the subject matters overlap.
    • distinction is that a manufacture is a single piece of material that is shaped, whereas a machine is assembled components.
    • Examples: screwdriver tip, screw or nut.

Composition of matter

  • A composition of matter is a composition of two or more substances.
    • chemically or mechanically joined
    • Gasses, fluids, powders, or solids are forms of a composition of matter.
    • Examples: concrete, fiberglass, and ceramic.

Novelty Requirement: Is the invention novel?

  • Relative Novelty

    • Inventor can disclose the invention to others before filing the patent application
  • Absolute Novelty

    • Inventors are not allowed to disclose the invention before filing of the patent application