7 - International patent protection of Alkyl Polyglucosides

Abstract

Production of Alkyl Polyglucosides, different modes of their application as well as use of this class of surfactants in various mixtures have been the subject matter of numerous applications both within international and regional patent protection mechanisms ever since the early eighties. These mechanisms are rather complicated and in most cases researchers are not familiar with a set of actions that need to be undertaken in order for their invention to be granted the patent status. The aim of this chapter is, therefore, to introduce the reader to the most important provisions of two international multilateral treaties that govern the field of patent protection – the Patent Cooperation Treaty and the European Patent Convention. International and European patent applications are presented through an outline of their constituent elements, mandatory and optional stages through which they must pass, as well as by an explanation of their independent but at the same time complementary relationship. Recent practice of the World Intellectual Property Organization and of the European Patent Office as regards applications that involve Alkyl Polyglucosides is also analysed in order to identify various issues that were considered by the applicants either as novel or as implying an inventive step. This survey is intended to provide the researcher with guidelines as to main issues that still arise in relation to this class of surfactants and it leads to a conclusion that changes have occurred both as regards the number of patent applications and their subject matter. The initial constant increase in the number of international patent applications involving Alkyl Polyglucosides was replaced by a subsequent decrease, whereas applications concerning primarily issues of basic and general nature were substituted by applications of limited and specifically oriented subject matter.