Frequent Questions

The basics and not-so-basics of intellectual property (IP) are generally not very well understood by the general public, although the consequences of IP can be far-reaching. In particular, the scientific research community is becoming more involved in IP activities but often without understanding the constraints of IP.

This area of the Lens aims to acquaint the reader with some basic information on intellectual property concepts, but more importantly, to provide instructional material that is pragmatic. These materials present ” how-to” approaches in a number of areas. It is our belief that providing a framework for approaching an intellectual property topic will assist you in navigating the sometimes murky waters of patents.

Aren’t patents necessary as incentives for development of new inventions, for example in the medical industry?

Aren’t patents necessary as incentives for development of new inventions, for example in the medical industry?

The patent system can serve as an incentive for innovation, but it doesn't exist simply to reward innovators.  Indeed, it...  Read More

Can IP rights protect plants?

Can IP rights protect plants?

There are five basic methods by which an entity may claim that it has a legal right to intellectual property,...  Read More

What is a patent specification?

What is a patent specification?

The specification, which is also called the disclosure, is a written description of an invention. The patent specification is drafted...  Read More

What is a bulk sequence application?

What is a bulk sequence application?

Bulk sequence applications are patent applications that disclose an inordinately large number of nucleotide or amino acid sequences--many more sequences...  Read More

Sequence Hybridization Language in Patent Claims

Sequence Hybridization Language in Patent Claims

There are many ways to define the limits of a claim towards related genes, nucleotides, or protein sequences. One way...  Read More

Transitional Language in Patent Claims

Transitional Language in Patent Claims

Transitional phrases in patent applications are important, as they specify whether the claim is limited to only the elements listed,...  Read More

What are Claims?

What are Claims?

The claims are the most important part of a patent. The goal of the claims is to particularly point out...  Read More

What is a continuation application?

What is a continuation application?

The term “continuation application” refers to an application that is based on an original patent application (often referred to as...  Read More

What is the difference between a filing date and a priority date?

What is the difference between a filing date and a priority date?

The terms filing date and priority date are often used interchangeably, but they are not the same. The filing date is the date when a patent...  Read More

Different flavours of patents, and their terms

Different flavours of patents, and their terms

A patent is only in force during its term and in its jurisdiction.  When the patent term runs out, or...  Read More

Inventorship

Inventorship

"I am an author on the paper... why am I not an inventor?" 1. Overview The terms 'author' and 'inventor'...  Read More

What is after-claiming?

What is after-claiming?

The term “after-claiming” (also called "late claiming") refers to a patent prosecution strategy in which a patent applicant introduces new...  Read More

How to View Continuity Data in PAIR

How to View Continuity Data in PAIR

Continuity data is information about continuation applications that may have been filed based on a parent application. The USPTO PAIR web site...  Read More

Provisional rights associated with pending patent applications

Provisional rights associated with pending patent applications

Ever think about why the label "patent pending" is such a powerful marketing tool? In the USA and some other...  Read More

What determines a patent’s in-force duration?

What determines a patent’s in-force duration?

Since the Uruguay Round Agreements in 1994, many countries have enacted laws providing that the enforceable term of patent protection...  Read More

Patent Knowledge Quiz

Patent Knowledge Quiz

The following 20 questions are designed to demonstrate key points about patents (see Top 10 things to know about patents)...  Read More

Top 10 things you should know about patents

Top 10 things you should know about patents

1. There is NO such thing as an international patent. There are "international applications" called PCT applications that need to...  Read More

How to Read a Patent

How to Read a Patent

In this section, we provide a roadmap of U.S. Patent No. 5,723,765 with explanatory text of the purpose and goals...  Read More

What does “Freedom to Operate” mean?

What does “Freedom to Operate” mean?

"Freedom to operate", abbreviated "FTO", is usually used to mean determining whether a particular action, such as testing or commercialising...  Read More