IP Lexicon
Below are explanations of some of the terms and expressions used in the intellectual property world which we think it can be useful to know. If you wonder what some other special term means, or if there are any missing from the list, please call us on +46 (0)8-429 10 00 or send an email to info@brann.se.
AIPPI
Association Internationale pour la Protection de la Propriété Intellectuelle, an international non-profit organisation which handles research into, and the formulation of guidelines and laws concerning, patents, trademarks, copyright, designs, domain names, etc. The organisation is based in Switzerland.
Annual fee
A periodic fee which must be paid at certain intervals in order to maintain a patent, registered design, trademark or domain name. Patent maintenance fees are normally due annually (and called “annuities”), registered designs every fifth year, trademarks every 10 years and domain names annually. There are some exceptions to these periods.
”Brand equity”
The value of a trademark as shown in the books of a company. Can be found in the annual statement of accounts of a business.
Company name
The title under which an enterprise carries out its business. The usual types of companies are limited liability companies, partnerships and sole proprietors.
©
The copyright symbol. This indicates that the publisher of the material marked with © has the right to determine if, and to what degree, the material may be copied and made available to others.
Copyright
A right which does not need to be registered and which protects artistic, literary and musical works. Copyright also covers films, photographs, the appearance of buildings, computer programs and artistic handicrafts.
Counterfeiting
When a party without permission from the owner of an intellectual property right copies products and goods or makes an unauthorised use of such rights.
Design rights
Design rights are protection for the shape of products and ornamentation.
Designate
To state in a European patent application, an international patent application, an international design application or an international trademark application which countries one intends to get rights registered/granted in.
Domain name
A specific address on the internet, e.g. www.brann.se
EPC
European Patent Convention. A convention relating to patents to which Sweden has been bound since 1978. The result of the EPC is that the treatment of patent applications has been harmonised by the Convention and simplified within the 32 Contracting States in Europe which today are bound by the convention.
EPO
European Patent Office. A patent application under the European Patent Convention (EPC), for patents in a number of European countries can be filed with the EPO (at one of its offices in Munich, The Hague and Berlin) or via national patent offices (e.g. Patent och registreringsverket (PRV) in Sweden).
EQE European Patent Attorney
A patent attorney who has passed the European Qualifying Examination (EQE). Only attorneys who have passed the examination (or you have become European patent attorneys by “grandfather rights”) may call themselves European Patent Attorneys and may act before European Patent Office (EPO).
EU-design
A protection for designs which can cover the whole of the EU. The registration authority, OHIM, is situated in Alicante, Spain.
EU-trademark
A trademark protection which can cover the whole of the EU. The registration authority, OHIM, is situated in Alicante, Spain.
European Patent Attorney
A patent attorney who has passed the European Qualifying Examination (EQE) or who is allowed to practice before the EPO due to a so-called “grandfather rights”.
European Patent Convention
EPC. A convention relating to patents to which Sweden has been bound since 1978. The result of the EPC is that the treatment of patent applications has been harmonised by the Convention and simplified within the 32 Contracting States in Europe which today are bound by the convention.
European Patent Office
EPO. A patent application under the European Patent Convention (EPC), for patents in a number of European countries can be filed with the EPO (at one of its offices in Munich, The Hague and Berlin) or via national patent offices (e.g. Patent och registreringsverket (PRV) in Sweden).
Industrial rights protection
Covers patents, trademarks and designs.
Infringement
When a party deliberately or unwittingly exploits or uses another party’s rights.
Intellectual property
Includes, amongst others: patents, trademarks, design, copyright and company names.
Inventive step
The contribution to technological advancement which an invention makes. If an invention does not provide a technological advancement then a patent cannot be granted for it.
Licence
A contract between parties where the owner of the rights to an invention, design or trademark gives the other party the right to use these rights under the conditions mentioned in the contract.
Madrid protocol
International convention for trademarks.
Novelty
In order for an invention and a design to be granted protection they must have novelty, in other words they must not have been known previously. If an invention has been made available to the public, for example at a trade fair, by being published or in any other way been exposed to the public then normally a patent cannot be granted for the invention.
Novelty examination
An examination to determine if the invention or design has novelty compared to what was previously known (the “state of the art”).
Novelty Investigation
An analysis of what is patented within a specific technical field, by whom and what patents are valid.
OHIM
Office for Harmonization in the Internal Market. The authority which handles applications for, and grants registrations for EU-trademarks and EU-design. OHIM is situated in Alicante, Spain.
OHIM-attorney
A trademark- or design attorney who may represent a trademark or design applicant before EG-trademark authority and EU-design authority OHIM in Alicante.
Patent
A 20-year long protection for a idea which gives the owner the monopoly to make, sale and licence a patented idea. Patents can under certain circumstances be extended for up to 5 years by supplementary protection certificates. A patent is granted in exchange for the idea being made public.
Patent claim
The subject matter that is to be protected by a patent is defined in the patent claims.
Patent Cooperation Treaty
This is an international cooperation treaty administered by the WIPO and which more than 100 countries have ratified.
Patent firm
A firm which acts as a representative for clients and which helps companies and individuals to apply for and maintain intellectual rights protection through patents, trademarks, designs and domain names. Brann is such a patent firm and is a full-service firm which helps clients in all technical fields and all intellectual property areas.
Patent- och registreringsverket
The patent granting and trademark registering authority in Sweden which receives, examines and grants applications for patents and registered designs, as well as trademarks and company names. PRV is also a receiving office for the EPO (see above) and PCT examination authorities, which means that it also can examine and deliver opinions on international patent applications. The PRV and Finnish and Spanish Patent Offices are together with the EPO the international patent examination authorities in Europe.
Patentability criteria
In order to be able to be granted a patent for an idea or invention, the following patentability criteria have to be fulfilled: novelty, inventive step and industrial application.
PCT
Patent Cooperation Treaty. This is a international cooperation treaty administered by the WIPO and which more than 100 countries have ratified.
Period of protection
The period of time during which a patent, trademark, design or work has legal protection. The period varies depending on the type of right. In order to maintain a registered right such as patents, trademarks, designs and domain names, a fee (known as an annuity or maintenance fee) has to be paid at certain intervals.
“Person skilled in the art”
See “skilled person” below.
Pirate copying
When a party without permission from the owner of an intellectual property right copies products and goods or makes an unauthorised use of such rights.
Prefiling search
An analysis of which IP rights already exist and what they protect. For patents the state of the art is determined, for trademarks what is already registered. A search can be made to find out what patents, designs and trademark are registered. With this knowledge it is possible to avoid infringing other party’s rights.
Priority date
The earliest date from which a protection can be valid. Usually synonymous with the filing date for the first application for a patent, trademark or design.
Prophylactic publication
Instead of patenting an invention an idea can be published in order to remove its novelty and thereby make it impossible for anyone else to patent the idea. This can be achieved by a so-called “prophylactic publication”.
PRV
The patent granting and trademark registering authority in Sweden which receives, examines and grants applications for patents and registered designs, as well as trademarks and company names. PRV is also a receiving office for the EPO (see above) and PCT examination authorities, which means that it also can examine and deliver opinions on international patent applications. The PRV and Finnish and Spanish Patent Offices are together with the EPO the international patent examination authorities in Europe.
®
The registered trademark symbol which means that the trademark marked with the ® symbol has been registered.
Renewal fee
A periodic fee which must be paid at certain intervals in order to maintain an patent, registered design, trademark or domain name. Patent maintenance fees are normally due annually (and called ”annuities”), registered designs every fifth year, trademarks every 10 years and domain names annually. There are some exceptions to these periods.
Service class
Trademarks are registered in different product and service classes e.g. clocks are registered in class 14 and clothes in class 25.
Skilled Person
A person who has the knowledge which the average skilled person is expected to have in the field which a patent application covers.
State of the art
All known technology at a particular point of time. When examining patentability, determining the state of the art is part of the process of deciding if the invention fullfills the patentability criterias of ”novelty” and ”inventive step”.
Substantive (patentability) examination
The technical examination which is performed by the patent office in order to determine if an invention is patentable, in other words if the invention has novelty, inventive step and is industrially applicable.
Trade dress
The shape of a unique product e.g. the Coca-Cola bottle which can be registered as a trademark.
™
Trademark. The TM symbol shows that a party is claiming trademark status. It can indicate that an application for a trademark has been filed and that the relevant authority has not yet approved the application.
Trademark
A trademark is the protection of characteristics and can consist of one or more words, a shape or a combination of words and shapes. It can even be a geometric shape, a slogan, a sound or a smell. To specifically be a characteristic for something can be a trademark. ™,or “Trademark” shows that a party is claiming trademark status. It can indicate that an application for a trademark has been filed and that the relevant authority has not yet approved the application.
Trademark class
Trademarks are registered in different product and service classes, e.g. clocks are registered in class 14 and clothes in class 25.
Utility Model
Utility models are like simple patents but are not examined for novelty or inventive step and have shorter maximum lives. Sweden doesn’t have a system for granting utility models.
WIPO
World Intellectual Property Organization, a UN-organisation with its seat in Geneva which, amongst others, administers the PCT, Patent Cooperation Treaty. WIPO is a coordinating organisation for most of the world’s patent offices which works towards the harmonisation of intellectual property praxis in the whole world, thereby making the treatment of applications more effective.