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abb["0a"]="Subject = Protectability";



abb["0aa"]="Devices & Methods";

abb["0aay"]="Functionality";

abb["0aaya"]="Inventive";

abb["0aayb"]="New Idea";

abb["0aayc"]="Minor variation";

abb["0aayd"]="Known";

abb["0aab"]="Aesthetics";



abb["0ab"]="Computers";

abb["0aby"]="Technical effect";

abb["0abn"]="No technical effect";

abb["0abna"]="Technical problem";



abb["0ac"]="Pharmaceuticals";

abb["0aca"]="Medication";

abb["0acb"]="Diagnosis or Therapy";

abb["0acc"]="Biological matter";

abb["0acd"]="Implant";



abb["0ad"]="Industrially inapplicable";

abb["0ae"]="Non-physical";

abb["0af"]="Aesthetic works";



abb["0b"]="Right to a Patent";

abb["0ba"]="Inventorship";

abb["0bb"]="Employees rights";

abb["0bc"]="National security";

abb["0bd"]="Multiple inventors/applicants";



abb["0c"]="Other IP rights";

abb["0ca"]="Shape";

abb["0caa"]="Designs";

abb["0cab"]="Copyright";

abb["0cac"]="Petty Patents";

abb["0cb"]="Trade Marks";

abb["0cc"]="Copyright";

abb["0cd"]="Trade Secrets";

abb["0ce"]="Ideas";

abb["0cf"]="Personality and Moral rights";



abb["0d"]="International IP systems";

abb["0da"]="The Paris Convention";

abb["0db"]="The Patent Co-operation Treaty";

abb["0dc"]="The Madrid Agreement & Protocol";





question=new Array();

question["0"]="Press A if you want to know whether an invention is protectable. <br> Press B if you want to know whether you have the right to apply for a patent. <br> Press C if you want to investigate other forms of intellectual property. <br> Press D if you want to investigate international IP systems";



question["0a"]="Is your invention <br> A) a device or apparatus or a method of manufacture having a potential use in an industry <br> B) a computer program, computer algorithm or other computer related invention <br> C) a medicament, pharmaceutical, health treatment, method of treatment, an implantable device or biological matter <br> D) an idea not applicable to an industry?, e.g. a method of painting <br> E) an idea not involving an apparatus?, e.g. a pure mental act or thought process, a pure computational algorithm, a pure mathematical proof/entity or a pure business method, or <br> F) a purely aesthetic work?, e.g. a literary, dramatic, musical or artistic work.";



question["0aa"]="Is it useful other than by being aesthetically attractive?";

question["0aay"]="How inventive is it? <br> A) A inventive solution to a well known problem <br> B) A completely new idea, or a solution to a previously unidentified problem or need, or <br>C) A minor variation of what has been done before E.g. a newer appearance of a product, or <br> D) Something that has been done before?";

question["0aaya"]="Patent protection is likely to be available in all major territories";

question["0aayb"]="Patent protection is likely to be available in most major territories, although for a European Patent via the European Patent Office, care is needed in explaining why it satisfies the criteria of inventiveness";

question["0aayc"]="Standard Patent protection is unlikely to be available in most major territories, although in many territories such as the USA or Germany you may be eligible for a Design Patent or Petty Patent - which typically don't last as long as Invention Patents E.g. 10 years instead of 20";

question["0aayd"]="Patent protection is generally not available, although in the USA take note of the fact that you might be able to bring proceedings if you can show that you thought of the idea first ";

question["0aan"]="You may be eligible for Patent protection if it can be argued that this has been achieved through an inventive step E.g. through the use of an inventive design or production process. In the USA this may be easier to patent than elsewhere - although in general the applicant should anticipate the likelihood of rejection.";



question["0ab"]="Does your invention have a technical effect? E.g. Does it control a physical device such as a printer or screen, Does it interact with a user?, Does it facilitate a physical result E.g. by connecting computers together.";

question["0aby"]="You are probably eligible for Patent Protection in most countries (Certainly in the US) - including for a European Patent although care is needed in defining the invention as technical.";

question["0abn"]="Does your invention solve a technical problem? E.g. Does it increase a user's efficiency, or provide an answer as to how to achieve something technical?";

question["0abna"]="You are probably eligible for Patent Protection in most countries (Certainly in the US) - although for a European Patent although great care will be needed in defining the invention as technical.";

question["0abnb"]="You are probably not eligible for Patent Protection in Europe although you probably would be in the USA";



question["0ac"]="Is your invention <br> A) a chemical for medication, <br>B) a device or method associated with diagnosis treatment or therapy of illness of humans or animals, <br> C) a gene or protein, or other biological matter, or a plant or animal or variety thereof, or <br>D) an implant, implantable device, or bio-sensor.";

question["0aca"]="Is your invention <br>A) a previously unknown chemical for use in the manufacture of a pill or other medicament, or a known chemical for use in the manufacture of a pill or other medicament (for the first time), or <br>B) a known pharmaceutical for use in the manufacture of a pill or other medicament - for treating an illness for which is was not previously thought useful, (for humans or animals).";

question["0acaa"]="Your chemical should be patentable in most territories - in some there may be extensions of protection available if regulatory approval for your pharmaceutical takes time. Developing countries in particular have provisions to over-ride your rights in emergencies";

question["0acab"]="Your chemical should be patentable in most territories, although care is needed in defining your invention in Europe, - in some territories there may be extensions of protection available if regulatory approval for your pharmaceutical takes time. Developing countries in particular have provisions to over-ride your rights in emergencies";

question["0acb"]="Many territories are wary of providing protection for this (and may refuse under the TRIPS agreement), of particular concern are patents which might limit the rights of a physician in performing a procedure. <br> In many countries (E.g. across Europe) you can only protect a device which may assist these methods - the application of a procedure of treatment, diagnosis or therapy could not be protected. You can protect these methods for non-animal life - E.g. a method for artificial pollination.";

question["0acc"]="Is your invention <br> A) an engineered life form, or part of a cell or <br>B) a variety of plants or animals.";

question["0acca"]="Many patents were filed on newly identified genes only to be lapsed (particularly in Europe) when it was realised that without a disclosure of the use of the genes there was no invention - only a discovery. A use for a gene, protein or virus in a medicament may be protectable if it is fully explained how this medicament is to be made. <br>The method by which the medicament is to be administered is typically not protectable"; 

question["0accb"]="Genetically modified organisms have been patented, although non-inventive but new plant and animal varieties are usually best protected by sui-generis rights which most territories provide for the protection of plant and animal varieties (The original idea was that life should not be within the scope of patent protection). Details vary widely by territory.";

question["0acd"]="Generally speaking, the devices themselves are patentable, although any method they may use for diagnosis or therapy may not be. <br>A method of acquiring/providing information to a physician may be patentable. Details vary by territory";



question["0ad"]="Most territories restrict patents to industrially applicable inventions. The US (due to it's constitution) provides patents for inventions even if not industrially applicable - these however are unlikely to be valuable.";

question["0ae"]="Outside the US, many territories such as European ones restrict patentability from pure algorithms (the Fourier transform), discoveries (Einsteinium), mental processes (how to predict poker players moves), or business methods (how to negotiate deals, deciding where to allocate resources). <br> Sometimes an application of the discovery/algorithm is available to patent. Typically new mathematics cannot be protected. <br> The main issue arises with Business methods which are patentable in the US, but often not in Europe (unless coupled with a device or technical computer program).";

question["0af"]="In almost all territories such works are protectable by copyright which is generally an automatic and long lasting protection. (Registered copyright is available in the US too). <br> Note that copyright protects only the details (exact words/computer code/appearance), of a work, and not the general ideas behind it. Note that including deliberate errors, needless additions such as commas or (computer code) comments, can help prove that your work was copied - even if it was then modified (particularly for programs). Copyright also protects against most types of adaptations too.<br> Note that confidentiality agreements may be useful in protecting your new money-spinning business idea, business name, advertisement idea, valuable car-plate registration etc.";



question["0b"]="Generally speaking, in most countries a patent will only be awarded to the applicant(s) (although there may be provisions against theft of ideas), whereas in the US a patent must be awarded to the inventor(s). This is why a business cannot be the applicant for a US patent, and it is also why disputes over inventorship lead to US litigation. To learn about this issue more press A. <br><br> The law as regards whether an employee or employer has the right to a patent varies by territory and may depend upon an employment contract. Press B to learn more about this issue. <br><br> Many countries have provisions relation to inventions which affect national security. Press C to learn more about this issue.<br><br> In many cases there may be more than one inventor, or more than one applicant. Press D to learn more about these issues.";

question["0ba"]="Most countries such as the UK, award patents to the (first) applicant, and only in exceptional circumstances, (such as an applicant having clearly breached confidentiality and stolen the idea from the inventor) would there be any change to that. This leads to a race to be the first to file. <br> In the US, where the constitution provides for patents to be awarded to the inventor, researchers typically make careful date-stamped logs of their achievements so as to prove they were the first to invent if the issue should arise. <br> Some applicants will file a confidential invention disclosure with the US patent and trademark office USPTO which would be kept for two years, in order to ensure that they have the right to a resulting invention. <br>In most rich territories patents may not be granted if there has been any disclosure of the invention anywhere in the world prior to filing (known as the requirement of absolute novelty), but some countries hope to improve the situation for their own inventors in certain ways. Specifically the US allows an inventor to file up to 1 year after he has disclosed publicly. New Zealand is an example of the rule of local novelty whereby a disclosing publication must be available in the country to destroy novelty, and public use outside the country does not count. Another version is relative novelty as employed by the USA whereby publication in any country destroys novelty but public use of the invention does not apply if outside the country. In the US, disputes over who is the first invent are called interference proceedings and involve both parties preparing evidence which are simultaneously revealed. The question can be complicated if either party ceased working on the invention prior to the other party succeeding in reducing the invention to practice.";

question["0bb"]="The law as regards whether an employee or employer has the right to a patent varies by territory and may depend upon an employment contract. In the UK the employer has the right to a patent if the employee was employed to invent, or where an invention could be expected, if he was given a specific task which might result in an invention or if he had a special obligation to the business such as being a senior manager or director. <br> This is usually re-enforced by an employment contract and most universities require students and particularly graduate students to sign over the same rights. The upshot is that a salesman or cleaner would typically have the right to an invention. In other countries the employers rights may be solely provided by employment contract. <br> Sadly disputes between inventors and employees have rarely worked out well for the employee. UK law provides for compensation if an employee's invention is of particular value to the employer. In general such court ordered awards are small - especially if the employer is a large organisation.<br> The right of an employee to patent his invention may also be limited by him duty of confidentiality which may be reinforced by his employment contract. However there is a provision that he does not infringe his employer's copyright by filing a patent application.";

question["0bc"]="Many countries have provisions relation to inventions which affect national security. The UK for example, requires that UK applicants must file their applications in the UK first, and only after 6 weeks have passed may they file abroad (unless the government decides that the application must be kept classified). In general the Patent Office does not take this rule too seriously (unless there is an issue of national security of course). When such applications are identified the applicant(s) (and patent agent) must be security cleared, and any copies or related documents must be kept in a very expensive safe.<br> Compensation may be awarded to the inventor for being unable to use his patent, but historically, this has rarely been in very significant amounts";

question["0bd"]="Where more than one inventor has had a major inventive influence on the invention then they will usually want to be named as inventors (In the UK they have the right to be so named), and often they will want to be joint applicants (unless they are employed). Note that in the UK since the beginning of 2005 researchers - particularly those involved in vivisection - may opt to have their details kept from publication. Joint inventorship causes fewer problems than joint applicants - where the ownership of the application and any resulting patent is shared. In most countries this is analogous to joint tenancies and mortgages. Until the beginning of 2005 each applicant could lapse the application, or manufacturer under the patent without the permission of the other. Therefore a partnership between an individual and a manufacturer would be very unequal unless they had agreed in advance that neither will perform the invention without the other's permission. Similar issues arise in other territories.";



question["0c"]="Do you want to protect <br> A) the shape of your product, <br> B) the name, image or other identifiable aspect of your business, product or service, <br> C) an aesthetic work or the code of a computer program, <br>D) your trade secret(s) or know how, <br> E) a money-spinning or business idea, or <br> F) your personality or moral integrity rights";

question["0ca"]="Three types of intellectual property apply here - Designs (both registered and non-registered), Copyright (particularly on the blue-prints etc), and Petty Patents or Design Patents which are available in some territories (such as the US and Germany).<br> Press A for more information on Design right, B for Copyright and C for Petty Patents and Design Patents.";

question["0caa"]="Many territories provide Design Right and/or Registered Design Right - The UK provides both, and there is Europe-wide protection for both too. The criteria for applying for these rights are often more stringent than for Patents - and are often limited to persons and organisations from that territory. <br> Note that Design rights last for only a few years - Registered Design is easier to prove, and typically lasts longer than Automatic or Un-registered Design Right. Details vary by territory.";

question["0cab"]="All major territories provide copyright - and under the TRIPS agreement must provide it automatically irrespective of nationality. Copyright typically (E.g. across Europe) lasts for 70 years beyond the author's death (Sometimes less for computer generated works such as 50 years in the UK) The UK legal system sets up a series of categories for which copyright is available, whereas most European systems provide protection for all aesthetic works (which provides more comprehensive cover, but just as much room for argument). Copyright is only infringes if the details of a work are copied, whereas a patent is infringed even by accidental copying of the underlying idea.";

question["0cah"]="Where more than one inventor has had a major inventive influence on the invention then they will usually want to be named as inventors (In the UK they have the right to be so named), and often they will want to be joint applicants (unless they are employed). Note that in the UK since the beginning of 2005 researchers - particularly those involved in vivisection - may opt to have their details kept from publication. Joint inventorship causes fewer problems than joint applicants - where the ownership of the application and any resulting patent is shared. In most countries this is analogous to joint tenancies and mortgages. Until the beginning of 2005 each applicant could lapse the application, or manufacture under the patent without the permission of the other. Therefore a partnership between an individual and tim would be very unequal unless they had agreed in advance that neither will perform the invention without the other's permission. Similar issues arise in other territories.";

question["0cac"]="Some countries offer protection for less inventive but still new variations of a product. These rights sometimes act as an alternative to Registered Design Right. The Design Patent is a product of US legislation, while other countries have different names for their rights, E.g. the Petty Patent in Germany.";

question["0cb"]="This area of Intellectual Property relates to Trade Marks in all their forms as well as the law of Passing Off. All major territories allow a name or logo to be recorded as a Trade Mark of a Business, and usually of a Product or Service. Since 1994 the UK has also allowed more general identifiers such as a radio jingle, a combination of specified colours, an appearance of packaging and so forth to be registered as Trade Marks. Scents generally get refused as Trade Mark applications across Europe.<br> In addition in many countries (Such as the UK) there are laws preventing one business to pass itself off as another business. Passing off can take many forms including passing your goods or services off as those of another business, passing another businesses goods off as yours (E.g. to promote sales), or even passing your business off as belonging to a group of traders (real or fictional). A business is protected against such passing off when it has a reputation (usually a reputation in that territory). Details vary by territory. <br> In general major territories permit the registration of names, logos, insignias and catch-phrases of businesses, products and services.";

question["0cc"]="Almost all territories protect the automatic Copyright of a person from any major country. The forms that are protected vary by territory but will include literature, sound recordings, images, paintings and video, most major territories also protect 3D artworks, computer programs, all forms of recorded media and all adaptations thereof. Copyright may be registered in the US. <br> In most territories (E.g. across Europe) Copyright protection lasts 70 from the death of the Author. Note that some countries provide reduced protection for computer generated works (50 years in the UK). <br> Most countries will have special provisions for the protection of Governmental (And/or Crown) Copyright, and certain international organisations are protected by international agreement (the Olympic symbols). <br> As copying must be proven, and only the details are protected - it is helpful to include details which are easy to identify in a copy such as deliberate irrelevant mistakes and unnecessary elements such as additional punctuation elements";

question["0cd"]="Generally such knowledge is protected simply by keeping it a secret. Confidentiality agreements and Employment agreements are used to avoid disclosure - and it is possible to enforce them through the law. <br>Note that in many countries such as the UK it is possible to file a patent application within a short amount of time if there has been an unlawful disclosure (6 months in the UK). <br> In the US, because patents belong to the first to invent it is generally possible to file a patent application a year after you have told people about it.<br> Of course this option is not available unless you can do business (or make suitable preparations) without revealing your idea. This often happens with manufacturing processes - the most famous being the composition of Coca Cola which is kept secret.";

question["0ce"]="Copyright will not protect an idea - only the details - and such ideas may not be patentable. As a result confidentiality agreements and employment agreements are used to preserve the value of the idea.";

question["0cf"]="With the gradual modern change in focus of Trade Marks (from guarantees of origin and reputable manufacture - to fashion insignias and status symbols) has come a recognition of the value of a celebrity personality as a commodity - and western nations have responded to this shift by protecting famous personalities in different ways. <br> In the UK there is currently no right of privacy, but the law of passing off has been used to discourage false claims of celebrity endorsement. <br> Many European territories (E.g. France but not the UK) protect the moral rights of creators of works (literature, paintings). This means that they have the right for their work not to be abused, even after they have sold the work and even their copyright. One of those rights is to assert their paternity or authorship over the work.";



question["0d"]="The Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement brings together various IP legislation and requires member states to provide various intellectual property rights to nationals of other member states. <br>The provisions of the Paris Convention (Press A for more information) which enables Patent applicants to apply in other territories back-dated to their first application. The Patent Co-operation Treaty (PCT) enables Patent applicants to apply for an international application (note this not an international patent) which can proceed for up to 30 months before the applicant must apply to the national patent offices - giving the applicant time for promotion/investment etc (Press B for more information). <br>The Madrid Agreement and Protocol (Press C for more information) have a similar effect on Trade Mark applications that the PCT has on Patent applications (although action must be taken in 6 months).";

question["0da"]="The Paris Convention requires that member states accept patent applications from nationals of other member states. When you file in a second country referring to the first (in say your own country), then the second is treated as though it was filed on the same date as the first. This allows applicants to file in as many countries as desired without worrying about having to file immediately abroad. One requirement is that the earlier application must have the same content - or only some of the claims of the latter will be treated as back-dated.";

question["0db"]="The Patent Co-operation Treaty with over 200 member states provides a system whereby an applicant from any of those states may apply for a so-called international patent application which progresses through a search stage - and optionally an examination stage which will in practice be searched by a member patent office (For UK applicants this would be the UK or EPO). Although this was not originall the main point, the value of this to applicants is that entry to the stage where each desired territory deals with the application (and the associated costs) happens up to 30 months from the filing date (or priority date if it is based on another application through the Paris Convention). This delay is often very much appreciated by applicants seeking to assess the market, obtain investment or check that the technology works before spending very considerable sums of money. <br> The PCT system is renowned for being occasionally problematic with formalities and so it is especially valuable for private applicants to have a simple application (no priority dates and just one applicant) because paying for a Patent Agent to check the details of the 10 page application form may be very surprisingly expensive (Thousands of dollars - for liability reasons)";

question["0dC"]="The Madrid Agreement (which includes many countries including France but not the UK) permits a Trade Mark applicant in one member state to file in the other member states and have those latter applications backdated. This system was criticized because if the Trade Mark in the first country lapsed for any reason in the first 5 years, they would all fall like dominoes. Also applicants had to have a granted Trade Mark rather than an application before starting. <br> As a result of these perceived deficiencies other territories set up a new system called the Madrid Protocol which is similar but which overcame those problems to some extent. Some countries are members of both the Agreement and the Protocol. The issue of which country an applicant must start with requires attention - especially for the Madrid Agreement";





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