The EAES intellectual property protection guide

Abstract

This guide is designed to assist surgeons in understanding the proper procedures for legitimately securing the outcomes of their original ideas and collaborations with industry partners as "intellectual property." Our web-based survey conducted among EAES members in 2019 revealed that surgeons have traditionally shown limited interest in intellectual property. The findings suggested that even when surgeons generate and realize novel concepts, these innovations are often inadequately protected, leaving them vulnerable to misappropriation. Accordingly, this guide focuses on the patenting process for surgeons engaged in collaborative research with industry. It addresses common questions that arise during this process in a Q&A format. The guide also explains key aspects of communication with corporate partners and intellectual property specialists during patent application procedures. Furthermore, it outlines the transition from domestic to international patent protection, with particular emphasis on the Patent Cooperation Treaty (PCT) system. Although this article serves as a practical guide for surgeons seeking to protect their intellectual contributions, it may also be used as an educational resource for industry designers, engineers and business developers, highlighting the importance of respecting and safeguarding the intellectual property rights of medical professionals.

Keywords: EPO; Intellectual property; Invention by employees; Nondisclosure agreement; PCT; Patent.

Fig. 1

Map showing the current geographic coverage of European patents. Source: https://www.epo.org/en/about-us/at-a-glance#&gid=1&pid=1

Fig. 2

Example of mutual-nondisclosure agreement

Fig. 3

Overview of the European patent application process. Source: https://www.epo.org/en/new-to-patents/how-to-apply-for-a-patent#&gid=1&pid=1

Fig. 4

Example of joint research agreement form (partial). For the full document, https://www.gov.uk/government/publications/non-disclosure-agreements [8]

Fig. 5

International application: comparison of Paris and PCT Route