IEEE Patents Tutorial: Developed by The IEEE Intellectual Property Rights Office

10 August 2009
IEEE Patents Tutorial
Developed by the IEEE Intellectual Property

Rights Office
Course Outline
This Tutorial will introduce you to the history of patents and their characteristics, and will offer
useful advice to consider when applying for a patent.
A patent is a grant by the government of exclusive intellectual property rights that allow a
patent owner to stop others from taking advantage of the invention that is covered by the
patent’s claims and supported by the patent’s specifications.
Course Summary / Key Points
Course Summary/Key Points

Some facts to consider when applying for a patent are:
Owning a patent on an invention does not confer a right to make, sell, offer to sell, or
import the invention. What is granted is the right to exclude others from doing so.
A patent is not self-enforcing. The government issues the patent, but will not take
any positive action on behalf of the patent owner to enforce the inventor’s rights
established by the patent.
A patent and the information it contains cannot be kept secret, nor suppressed.
U.S. patents cannot be enforced internationally. But they may be used to stop
importation of products into the U.S. which infringe upon the patents.
Related IEEE Expert Now Titles Include:

IEEE Copyrights Tutorial
IEEE Plagiarism Tutorial
IEEE Trademarks Tutorial
Course Transcript
Title
Welcome to the IEEE Intellectual Property Rights Office Patents Tutorial.
This Tutorial will introduce you to the history of patents and their characteristics, and will offer
useful advice to consider when applying for a patent.
What Is a Patent?
We are going to start by examining what a patent is.
What is a Patent?
A patent is a grant by the government of exclusive intellectual property rights that allow a
patent owner to stop others from taking advantage of the invention that is covered by the
patent’s claims and supported by the patent’s specifications.
Patent History
The dates shown here are important in the development of the modern patent system.
We start in the early 15th century. The Senate of Venice enacts a 10-year exclusive privilege
on machines or processes which was granted by the Guild Welfare Board of the Republic.
Protections were extended to silkmaking, flour and grain mills, cook stoves and printing.
Following that, the first elements of a modern patent system begin in England in 1558.
Patents for a dredging machine, and the making of soap, alum, and saltpeter were granted.
Moving to 1787, the U.S. Constitutional Convention includes the clause “to promote the
progress of science and useful arts by securing for limited times to authors and inventors,
exclusive rights to their respective rights and discoveries.”
Next, the Patent Act of 1790 establishes an examination system. Following that, the Patent
Act of 1793 establishes a registration system similar to the English system of that time.
The Patent Act of 1836 establishes the U.S. Patent Office, charged with the examination of
the novelty, utility, and importance of an invention. Also establishes the office of the
Commissioner of Patents.
Course Transcript
In 1883, the Paris Union Convention established an international patent treaty that remains in
force today in most industrialized nations, covering approximately 190 countries.
The next important development was the Patent Act of 1952 which authorized the U.S.
Patent and Trademark Office to issue its own Rules of Practice (how the USPTO operates
procedurally, substantially, and financially).
The final bit of history to note is in 1978 when the Patent Cooperation Treaty is enacted in an
effort to help reduce the time and money involved in obtaining worldwide patent protection
under the Paris Convention.
Types of Patents
In this section, we will present types of patents.
Types of Patents
The following are examples of types of patents.
The first is a Utility (article/apparatus) Patents. This protects new machines, articles of
manufacture and compositions of matter.
Next are Method (or process) Patents. This covers the novel process or steps which transfer
material from one state to another. Recently extended protection now covers methods of
doing business and computer-related inventions
Types of Patents
Continuing with the examples of patents, we next move to Plant Patents. These are granted
to one who invents or asexually reproduces any new or distinct variety of plant.
Design Patents are granted for any new, original, ornamental, and non-functional design of
an article of manufacture.
Patents have also included algorithms in computer programs, as well as biotechnology

creations such as DNA strands.
What Can Be Patented?

The following must be true in order for an invention to be patented:
Course Transcript
It must fall within one of the categories of patentable subject matter; it must be useful, novel,
and unobvious; and a process patent can be obtained on known apparatus or composition if
a new use for the apparatus or composition is discovered.
What Can Not Be Patented?

There are several categories of items that cannot be patented. These include:
Business forms
Anticipated results of desired goals
Nebulous or abstract concepts or ideas
Laws of nature
Promotional advertisement schemes
Functions without any apparatus to perform the function
Items or processes occurring in nature or created by someone earlier
Anatomy of a Patent
We’re now going to examine the anatomy of a patent.
Anatomy of a Patent
The following are key items that are included in a patent:
Patent Number
Title of Patent
Names of the Inventor(s)
Owner of the Patent
Application date
Anatomy of a Patent
Statements to explain include:
the field of technology to which the invention relates
the background of the invention
problems that the invention will solve
Summary of the following are included:
the invention
its elements
how they relate to each other
Course Transcript
how they function

how they will meet the objectives described in the Statements
Anatomy of a Patent
Next descriptions of the drawings are included.
Anatomy of a Patent
Followed by claims to the invention by the applicant.
What to Consider When Applying for a Patent

This section will review items to consider when applying for a patent.
Questions to Consider
Some questions to note when considering applying for a patent are:
What is the effect the invention will have on the inventor’s ability to profit?
Does a market exist, or can one be created, for the product or process?
From what countries will patents need to be obtained in order to protect the
invention?
Is the public ready for the invention?
Important Facts to Consider

Some facts to consider when applying for a patent are:
Owning a patent on an invention does not confer a right to make, sell, offer to sell, or import
the invention. What is granted is the right to exclude others from doing so.
A patent is not self-enforcing. The government issues the patent, but will not take any
positive action on behalf of the patent owner to enforce the inventor’s rights established by
the patent.
A patent and the information it contains cannot be kept secret, nor suppressed.
U.S. patents cannot be enforced internationally. But they may be used to stop importation of
products into the U.S. which infringe upon the patents.
Course Transcript
About this course

Information presented in this tutorial was taken from Intellectual Property Law for Engineering
and Scientists by Howard B. Rockman, which is published by IEEE Press.
Replete with sample forms of pertinent documents, and helpful points to consider regarding
all aspects of intellectual property law, Intellectual Property Law for Engineers and Scientists
provides valuable information that all high tech professional should read to protect
themselves against potential loss or liability. Also included are interesting essays on famous
inventors and their inventions.
The book can be purchased through John Wiley and Sons and Amazon.com
Additional Information
These web sites offer additional information on patents:
The United States Patent and Trademark Office (USPTO) is a federal agency in the US
Department of Commerce whose responsibilities include administering the laws relating to
patents and trademarks. You can visit their website at: www.uspto.gov/main/patents.htm
The World Intellectual Property Organization (WIPO) is an agency of the United Nations that
administers 23 international treaties dealing with different aspects of intellectual property
protection. You can visit their website at: www.wipo.int/patentscope/en/patents.html
For More Information

For more information on this topic, please contact the IEEE Intellectual Property Rights
Office.
Conclusion
This concludes the IEEE IPR Office Patents Tutorial. We hope it helped to provide a better
understanding of patents.

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10 August 2009

IEEE Patents Tutorial

Developed by the IEEE Intellectual Property

Course Summary/Key Points

Related IEEE Expert Now Titles Include:

Patents have also included algorithms in computer programs, as well as biotechnology

What Can Be Patented?

What Can Not Be Patented?

how they function

What to Consider When Applying for a Patent

Important Facts to Consider

About this course

For More Information

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