scholarly journals Automatic Patent Term Extensions Ruled Unconstitutional in Brazil: Better Late Than Never?

Author(s):  
Mário André Machado Cabral
Keyword(s):  
Author(s):  
Renu Kadian ◽  
Arun Nanda

Background:: Protection of Intellectual Property Rights is a clear incentive to innovations; yet, several countries have provided further incentives to patents in pharmaceuticals because the full patent term of 20 years is largely exhausted, before marketing authorization. Objective:: The purpose of this article is to describe the various incentives to patents in the form of financial support, data exclusivity and most importantly extended market exclusivities and comparison of various incentives to patents in the United States of America, European Union and India. Methodology:: The detail of incentives is collected from various articles, latest topics, books, and newspapers. Result:: These incentives create a positive surrounding to encourage the drug development process, strengthen economic growth and improve a balance between new pharmaceuticals in the market and access of that medicine to general public at a reasonable price. Conclusion:: European Union and the United States of America are leading in the field of incentives to patenting in phar-maceuticals as compared to India. Indian Patent Act, 1970, needs to be re-looked in terms of data exclusivity and patent term extensions.


2011 ◽  
Vol 29 (1) ◽  
pp. 34-37 ◽  
Author(s):  
John A Tessensohn ◽  
Shusaku Yamamoto
Keyword(s):  

2017 ◽  
Vol 23 (2) ◽  
Author(s):  
Peter Van Dongen ◽  
Zainab Noor El Hejazi ◽  
Eric Claassen

Gene therapies hold great promise for treatment of diseases but so far their market authorisation has been limited. This paper describes the development of patented gene therapies in the sector of life sciences and health.  It was found that the annual number of patented gene therapies increased significantly till the year 2005.  A cluster analysis of gene therapies patented in 1995 shows that:  a) more than eighty percent has been renewed for more than fifteen years (fifty three per cent till the maximum patent term) and b) fifty per cent of the patents have been licensed. There is a statistically significant correlation between the numbers of citations in future patent applications by third parties and the number of years of patent renewals. A case study of the patent EP 0833934 of biotechnology start- up Crucell demonstrates that the number of citations by third companies to this patent even predicts the companies’ market capitalization. This research yielded evidence that the number of patent citations can be used as indicator to determine the value of gene therapies. Such information is of relevance for both the patentee and investors.


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