11. Patentability

2019 ◽  
pp. 401-484
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Intellectual Property ◽  
Patent Application ◽  
Computer Software ◽  
Patent Law ◽  
Controversial Issue ◽  
Inventive Step ◽  
Business Method Patents ◽  
Biotechnological Inventions

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.

Um estudo comparativo da determinação de requisitos de etapas inventivas no Irã e nos EUA

2020 ◽  
Vol 11 (2) ◽  
pp. 264-275
Author(s):  
Esmaeel Kamali
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Patent Law ◽  
European Countries ◽  
Patent Office ◽  
United States Patent ◽  
Inventive Step ◽  
Science And Technology Parks ◽  
Technology Parks ◽  
States Patent

Assessment of the Inventive Step Requirement is one of the most sensitive and difficult stages in statutory invention registration. Different requirements are taken into consideration in determining if this requirement is satisfied. Such requirements are divided to two categories – primary and secondary− per the Patent Law practiced by United States Patent and Trademark Office. The studies show that the mentioned assessments are easier in US compared to European countries for in those countries the precision and solidarity in practicing the inventive step requirement is more compared to US. In Iran, contrary to the mentioned cases, the assessment is not done in the Patent Office by the experts but rather by the verification the office conducts from the Universities and Science and Technology Parks of the country wherein, due to lack of knowledge about the Patent Law, the assessment is not done precisely; an issue which can accentuate the outlook appertaining to oneness of innovation and inventive step in the process of assessment. The present paper attempts at studying the patent law in Iran and US in order to put forward the criteria which is practices in assessing the ‘inventive step’ in the Iran Intellectual Property Office (Patent Subdivision) and United States Patent and Trademark Office.

scholarly journals Copyrightability of Recombinant DNA Sequences

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Dna Sequences ◽  
New Technologies ◽  
Recombinant Dna ◽  
Computer Software ◽  
Copyright Law ◽  
Patent Law ◽  
Intellectual Property Protection ◽  
Dominant Form ◽  
Recent Emergence

The recent emergence and rapid growth of biotechnology as a commercial industry has raised serious questions concerning the role of patent law as the industry's dominant form of intellectual property protection. Several commentators, drawing on an analogy to computer software protection, have suggested copyright law as an alternative method of protecting recombinant DNA innovation. This article reviews these arguments in light of recent court decisions and scholarly commentary concerning copyright of computer software. The article argues that copyright law is not sacrosanct, but rather represents a particular scope of proprietary interests that may be used to accommodate the needs of new technologies such as biotechnology. The article asserts, however, that the decision to apply copyright protection to such a technology should be based on policy rather than on analogy. The article reviews the basic characteristics of both the science of molecular biology and of the biotechnology industry, and, by contrasting these characteristics to those of the software industry, concludes that, as a matter of policy, copyright is not the most appropriate form of intellectual property protection for biotechnology.

Copyright in Software and Data

1986 ◽  
Vol 21 (1) ◽  
pp. 15-22
Author(s):  
Moshe Shalgi
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Computer Software ◽  
Copyright Law ◽  
Patent Law ◽  
Trade Secrets ◽  
Current Opinion ◽  
Considerable Body ◽  
Intellectual Creativity

The advent of a new brand of intellectual creativity, which followed developments in computer technology, created a considerable body of proprietory interests in computer software and data. There was therefore a search for legal instruments to provide protection against unauthorized exploitation of the intellectual property in them.Several legal paths were attempted: contractual protection, patent law, trade secrets law and copyright. Of these, the current opinion is that copyright law is the most suitable instrument to protect rights in software and data.

scholarly journals Abuse of patent law in the pharmaceutical field through the issuance of "evergreen patents": problems and legislative initiatives

2021 ◽  
Vol 1 (1) ◽  
pp. 110-113
Author(s):  
Valeriya Dunay ◽  
Lyubov Meniv
Keyword(s):  
Intellectual Property ◽  
Public Relations ◽  
Human Life ◽  
Patent Application ◽  
Legal Protection ◽  
Patent Law ◽  
International Treaties ◽  
Patent Rights ◽  
State Of Affairs ◽  
Abuse Of Patent Rights

The article is devoted to the issues of abuse of patent rights in the pharmaceutical field through the issuance of "evergreen patents" and the consequences of such infringements. In modern realities, life poses serious challenges to medicine, in particular, the preservation of man as a species and the search for new formulas for cures for existing diseases. Therefore, each country faces the task of improving existing technologies that will make human life easier. In this context, an important tool is the regulatory framework as a regulator of public relations. Ukrainian law and international treaties provide conditions for the legal protection of intellectual property, but in the field of medicine and pharmacy, the objects of the invention acquire a slightly different meaning, becoming in the hands of unscrupulous innovators a tool for speculation. This state of affairs leads to the monopolization of leading pharmaceutical companies, restricting people's access to appropriate drugs or services, slowing down economic development and scientific and technological progress in Ukraine. We analyzed the provisions of the Law of Ukraine "On Protection of Rights to Inventions and Utility Models" on the issuance of compulsory licenses, namely the procedure for obtaining them in the context of the global coronavirus pandemic. Legislative initiatives on the regulation of intellectual property in the field of pharmacy are considered. In particular, it concerns the conditions of patentability of medicines and the possibility of appealing a patent application by any person whose rights have been violated. In addition, the range of issues that need to be refined to ensure the transparency of the procedure for obtaining a patent for a medicinal product, the impossibility of abuse of patent rights and market entry of new, more affordable drugs.

PROTECTION OF INTELLECTUAL PROPERTY ASSOCIATED WITH THE EXPLORATION OF OUTER SPACE

2019 ◽  
pp. 21-26
Author(s):  
A.V. Bagrov
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Outer Space ◽  
Patent Law ◽  
Patent Holder ◽  
Space Flights ◽  
Innovative Solutions ◽  
Space Law ◽  
Uncertain Time

Patent law, which arose at the beginning of the industrial revolution and protects the rights of the patent holder solely on the territory of patenting, does not apply to inventions used in outer space. Space is not included in any patenting territory. It is necessary on a new basis to form the space law on the protection of innovative solutions, which will take into account the uncertain time between the filing of an application for an invention and its first use in space. Now it often exceeds the generally accepted period of validity of patents. For space patents, it is advisable to establish their validity for at least 50 years from the date of first use. All outer space, including all objects located in it, is proposed to be declared a single patent territory. It is necessary to exclude duties on the maintenance of patents used in space flights, if they are used only by the developer or are transferred to them for free leasing.

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

Development and Implications of Patent Law

2005 ◽  
Vol 2 (5) ◽  
Author(s):  
European Commission
Keyword(s):  
Stem Cells ◽  
Genetic Engineering ◽  
Cell Lines ◽  
Human Body ◽  
Legal Protection ◽  
Patent Law ◽  
Human Stem Cells ◽  
Working Paper ◽  
Key Events ◽  
Biotechnological Inventions

AbstractIntroductionThis is the second report pursuant to Article 16c of the Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions and bears the title “Developments and implications of patent law in the field of biotechnology and genetic engineering” (hereinafter the “second 16c Report”).Its purpose is to set out the key events which have occurred since publication of the first 16c Report, and to comment on two issues identified in the latter: the scope of patents on sequences or partial sequences of genes which have been isolated from the human body; and the patentability of human stem cells and cell lines obtained from them. The Commission’s analysis is based on the Commission staff working paper SEC(2005)943.

Sign in / Sign up

Export Citation Format

Share Document