Commercial Exploitation of Patents

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Pharmaceutical Industry ◽  
Final Section ◽  
Electronics Industry ◽  
Biotechnology Industry ◽  
Commercial Exploitation ◽  
Patent Rights

This chapter describes the ways in which patents are commercially exploited by various industries. It discusses the use of patents to exclude competition in the pharmaceutical industry; patents for survival in the biotechnology industry; patents as a source of royalty income for universities; patents as lottery tickets for inventors; and patents as bargaining chips in the electronics industry. The final section explains the use of patents as tools for extortion. The term ‘patent troll’ has become widely used in the last few years, and is usually applied to an entity that has no business activities except asserting and litigating patent rights.

Influence of Patent Law on Price of Medicines

2019 ◽  
pp. 1165-1181
Author(s):  
Naina Singh ◽  
Rajinder Kaur ◽  
Rashmi Aggarwal
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Law ◽  
Poor Countries ◽  
Regulatory Policies ◽  
International Policies ◽  
Patent Rights ◽  
The World ◽  
Randomised Controlled ◽  
Developed Nations ◽  
Aids Study

There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.

BIOPHARMACEUTICAL ALLIANCES AND COMPETITION: A REAL OPTIONS GAMES APPROACH

2013 ◽  
Vol 17 (06) ◽  
pp. 1340023 ◽  
Author(s):  
GIOVANNA LO NIGRO ◽  
AZZURRA MORREALE ◽  
SERENA ROBBA ◽  
PAOLO ROMA
Keyword(s):  
Pharmaceutical Industry ◽  
Molecular Biology ◽  
Real Options ◽  
Pharmaceutical Company ◽  
Technological Progress ◽  
Biotechnology Industry ◽  
Optimal Timing ◽  
Biotechnology Companies ◽  
Timing Decisions ◽  
First Mover

The competitive landscape where pharmaceutical and biotechnology companies operate has changed radically due to a scientific/technological progress that has revolutionised the process by which drugs are developed. In fact, pharmaceutical industry more and more relies on advances in biochemistry and molecular biology. As a consequence, the number of partnerships between pharmaceutical and biotech firms has grown significantly. Research contributions addressing the biopharmaceutical alliances design have also focused on the optimal timing to sign a partnership. In this paper, we introduce and analyse the effect of competition in biotechnology industry by modelling the decisions of whether and when ally with a pharmaceutical company through a real options game. We find that the timing decisions depend on the level of the competition, synergies obtained through the alliance and contract terms offered by the pharmaceutical company as well. Also, we show that the first mover might not always pre-empt the follower in partnering with the pharmaceutical company.

Pharmaceutical royalties in licensing deals: No place for the 25 per cent rule of thumb

1969 ◽  
Vol 16 (1) ◽  
Author(s):  
Nigel Borshell ◽  
Adrian Dawkes
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Biotechnology Industry ◽  
Basic Principles ◽  
Market Data ◽  
Rule Of Thumb ◽  
Depth Analysis ◽  
Individual Asset ◽  
Biotechnology Sector ◽  
Deal Making

The 25 per cent rule of thumb is often quoted in the context of licensing royalty rates and, in particular, when deriving an appropriate rate of income due to a licensor for an individual asset. We have set out to conduct an in-depth analysis of historic market data from the pharmaceutical industry going back over 10 years to check on the validity of this concept and found little if any evidence of its use, appropriateness or relevance. An abundance of anecdotal references and attempts can be found to make deal making data fit this incongruous notion, and which does not have a sufficiently robust foundation to make its utility appropriate in the pharmaceutical and biotechnology sector. In this paper we review available data and present the case that the use of the 25 per cent rule is at best problematic and at worst inappropriate and misleading to the pharmaceutical and biotechnology industry. We look at the basic principles of value as they apply to the industry's intellectual property. Our conclusion shows that this rule has no suitable place in the arsenal of the thinking licensing executive.

New pharmaceutical product development: Barriers to overcome and opportunities to exploit

2008 ◽  
Vol 14 (3) ◽  
Author(s):  
Nic S Terblanche
Keyword(s):  
Pharmaceutical Industry ◽  
Biotechnology Industry ◽  
Pharmaceutical Product ◽  
New Drugs ◽  
New Approach ◽  
Pharmaceutical Product Development ◽  
Sales And Marketing ◽  
Rate Of Increase ◽  
State Of Affairs ◽  
The Cost

The pharmaceutical industry experienced an unprecedented rate of increase in the cost of developing new drugs while the number of new drugs that were approved and accepted in the marketplace has reached a very low level. Various factors are responsible for this state of affairs. One of the major opportunities available to the pharmaceutical industry to improve this situation is to collaborate with the biotechnology industry. The future solutions to a host of current diseases as well new strains of existing ones lie in the cooperation between these two industries. The pharmaceutical industry will, however, have to carefully manage challenges such as increased governmental control and the damaged image of the industry. There are many opportunities offered by offshoring, advanced application of information technology, climate change and a new approach to sales and marketing, all of which the pharmaceutical industry can exploit. Should the pharmaceutical industry manage to address the issues responsible for the high costs prevalent in the industry, its role as partner with the biotechnology industry could prove to be very beneficial for both these industries.

Commercial biotechnology in Germany: An overview

10.5912/jcb50 ◽  
1969 ◽  
Vol 10 (1) ◽  
Author(s):  
Siegfried Bialojan ◽  
Julia Schüler
Keyword(s):  
Pharmaceutical Industry ◽  
Critical Mass ◽  
Present Situation ◽  
Biotechnology Industry ◽  
External Factors ◽  
Economic Downturn ◽  
Maturation Process ◽  
Current Development ◽  
The Past ◽  
Biotechnology Companies

The title of Ernst & Young's 2003 Biotechnology Report, 'At the Crossroad', describes the present situation of the German biotechnology industry. This paper discusses and analyses the major findings of the Report. Major drivers in the current development include external factors such as the general economic downturn, the closed capital markets and the resulting consequences with respect to the financing situation. In addition, the pharmaceutical industry – the major client for the emerging biotechnology companies – erects higher hurdles by refocusing on later stage products with blockbuster potential. These factors are mostly identical in all regions of the globe. However, they hit the biotechnology industry in Germany relatively harder as it is still relatively young and therefore more vulnerable.In fact, the maturation process of the German biotechnology industry has been abruptly stopped. Unfortunately, this takes place at a time when the dynamic development during the past five years has not yet created a substantial number of stable and mature companies. Critical mass has become a major issue.

scholarly journals BUTYRIC ACID BY FERMENTATION

1969 ◽  
Vol 20 (2) ◽  
pp. 629-647
Author(s):  
Rafael Arroyo
Keyword(s):  
Butyric Acid ◽  
Industrial Application ◽  
Pure Culture ◽  
Biochemical Method ◽  
Commercial Exploitation ◽  
Rights Protection ◽  
Theoretical Yield ◽  
Patent Rights

1. The ultimate aim of this research was to find an inexpensive biochemical method for the production of Normal Butyric Acid from Blackstrap. 2. A native organism was found and isolated in pure culture which proved admirably adapted to this purpose. 3. Difficulties experienced by previous investigators were obviated in the course of the above described work. 4. The process is simple, inexpensive, and merits further efforts towards its industrial application and commercial exploitation. 5. The main end product of fermentation (Normal Butyric Acid) is obtained in nearly theoretical yield, and of a splendid degree of purity: 99 percent or better. 6. It is the writer's intention to apply for patent rights protection for his discovery and process.

scholarly journals Employment and management trends in the biotechnolgy industry

1969 ◽  
Vol 8 (4) ◽  
Author(s):  
Cynthia Larbey
Keyword(s):  
Pharmaceutical Industry ◽  
Human Genome ◽  
Scientific Knowledge ◽  
Biotechnology Industry ◽  
Growing Up ◽  
Short Term ◽  
The World ◽  
The Impact ◽  
Management Issues

This paper takes a look at the major influences on the biotechnology industry and how they are currently affecting employment and management trends. It takes a brief look at the impact of the economic environment, the pharmaceutical industry, the role of geography, the employment stages faced by the industry and the management issues. The dangers of making predictions are obvious: remember that when IBM was asked in 1947 how many computers the world would need, they thought five main frames would do it. The biotechnology industry is still in nappies. The human genome was only published in February 2001 and we do not really have any concept of where or how fast this will take our scientific knowledge. So, while buffeted by the winds of short-term political and economic agendas, there is an undercurrent of an industry that is learning and growing up.

Clinical trials in the pharmaceutical industry: The scope of the research exemption under French patent law – clarification is still awaited

10.5912/jcb9 ◽  
1969 ◽  
Vol 9 (1) ◽  
Author(s):  
Marina Cousté ◽  
François Jonquères
Keyword(s):  
Clinical Trials ◽  
Pharmaceutical Industry ◽  
Marketing Authorisation ◽  
Patent Law ◽  
Drug Substance ◽  
Court Decision ◽  
Judicial Interpretation ◽  
French Patent ◽  
Patented Drug ◽  
Patent Rights

This paper discusses a recent French Court decision and its impact on the judicial interpretation of the extent to which pharmaceutical clinical trials may or may not fall within the scope of the exemption provided under French law for infringement of patent rights when conducting unauthorised clinical trials aimed at securing marketing authorisation of a patented drug substance.

Influence of Patent Law on Price of Medicines

2017 ◽  
pp. 20-40
Author(s):  
Naina Singh ◽  
Rajinder Kaur ◽  
Rashmi Aggarwal
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Law ◽  
Poor Countries ◽  
Regulatory Policies ◽  
International Policies ◽  
Patent Rights ◽  
The World ◽  
Randomised Controlled ◽  
Developed Nations ◽  
Aids Study

There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.

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