Nanotechnology and Protection of Intellectual Property: Emerging Trends

2020 ◽  
Vol 14 (4) ◽  
pp. 307-327
Author(s):  
Jothiratna G.S. Siri ◽  
Chakrawarthige A.N. Fernando ◽  
Sembukuttige N.T. De Silva

Background: Technology experts foresee that nanotechnology is the next industrial revolution and it has great potential to bring solutions to many challenges of global relevance in terms of a diverse range of applications. Efficiency-driven economies are transforming into innovation-driven economies where Intellectual Property (IP) plays a pivotal role in achieving a competitive advantage. Whereas industry analysts assert that IP roadblocks will be a severe detriment to the development of nanotechnology due to infringements and high-profile patent battles. Various authors have made a significant effort to analyse the implications of IP on nanotechnology but most of the published literature covers only the years 2000- 2010. Data and insights pertaining to recent developments are lagging behind. Therefore, the objective of this review was to explore cutting-edge empirical evidence towards emerging trends of Intellectual Property protection in nanotechnology, thereby to provide insights aimed at unleashing the full potential of nanotechnology innovation for socio-economic advantage. Materials and Methods: Patent information over the period 2000 to 2018 was collated and analysed to determine the latest trends. To gain a global perspective, nanotechnology patents issued by the United States Patent and Trademark Office (USPTO) and nanotechnology patents published in the ‘PatentScope’ of the World Intellectual Property Organization (WIPO) were surveyed along with literature in relation to nanotechnology commercialization and litigation. Results: Our study revealed that worldwide protection of Intellectual Property in nanotechnology has steadily been increasing year-on-year accounting 3.3 million patent applications filed in 2018 in which China and U.S. are dominating. The other main contributors are Japan, Germany Republic of Korea, France and U.K. Asia has emerged as the single region to file more than half of total filings for the first time thus shifting global IP landscape from Europe to Asia. Another notable finding is that there is a significant growth in trademark registration in many of the leading economies. Top five technology fields with high international patenting activity are computer technology, medical technology, digital communication, electrical machinery and pharmaceuticals where computer technology is dominating. More than 90% of the total patents are granted on materials, devices and processes developed as basic building blocks of nanotechnology at laboratory level which sound as more downstream innovations in the short-term. Amid the upward trends in nanotechnology patenting, newly emerging obstacles pose risks to innovation. A key finding of the present study is that the increasing trend of patent litigation almost follows the same path of patent grants indicating a positive correlation. A global prominence of middle-income and low-income countries in patent filing is yet to emerge which foreshadows an IP divide. Discussion: A secondary market for patent assets is pronounced with many new types of players leading to a high cost of patenting nanotechnology. These trends foreshadow a surge of patent filings in the years to come and.the patent offices will be confronted with that ‘surge’ of patent applications of increased complexity and multidisciplinary nature..Patent offices with inadequate efficacy will ultimately produce lowquality patents along with a difficulty to enter into markets and will facilitate exploiting of the IP legal systems to extract rewards for infringement without contributing to innovation or social prosperity of nations. Conclusion: Insights and recommendations given in this paper will enable nanotechnology researchers, inventors, technopreneurs and investors to understand recent trends and global perspectives on implications of IP in nanotechnology and intensifying IP battle thereby to contemplate and succeed in their roadmaps towards leveraging on nanotechnology.

2020 ◽  
Vol 9 (7) ◽  
pp. e503974385
Author(s):  
Iraíldo Francisco Soares ◽  
Michele Alves de Lima ◽  
Luan Ícaro Freitas Pinto ◽  
Daniel Rocha Cardoso ◽  
Robson Alves da Silva

Sugar cane bagasse flour (Saccharum officinarum L.) is a promising product and has great market potential with application in human food. With the help of technological and scientific prospecting, it is possible to guide and cover the view on research about the use of this material in the area of food science. With that, the objective was to investigate the existence of the development of sugarcane bagasse flour in technological and scientific databases. The patent bases analyzed were the National Institute of Industrial Property (NIIP), the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO) and the Espacenet Patent Search database. The scientific platforms analyzed were Scientific Electronic Library Online (SciELO), Web of Science, Pubmed and Portal Periódicos Capes (Brazil). Brazil has made progress in intellectual production on patent bases, however, no technological and / or scientific record has been identified regarding the use of flour for human consumption in the analyzed period. From this, it is necessary, then, to carry out research on the food potential of this flour, mainly in Brazil, since the country is considered the largest producer of sugarcane, having a vast material to be explored, developing functionality in the development of new products and increasing intellectual property in the area.


Author(s):  
Oleksandr Radchuk ◽  
◽  
Anna Plotnikova ◽  
Kateryna Dubyna ◽  
◽  
...  

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.


Author(s):  
Karoline Mota Coelho ◽  
Suzana Boschivier ◽  
Maria Antonieta Couto

The amount of patent applications filed each year in the world’s leading patent offices has increasedsignificantly over the past few decades. One of the factors identified as motivating this increase is the government’spolicies to encourage patenting. This paper aims to review some incentive policies adopted around the worldand, mainly, review the history of these policies in Brazil. In this context, the article addressed the Bayh-DoleAct of 1980 in the United States; the reform of Intellectual Property (IP) rights in German Universities in 2002;the financial incentives policy to the national depositor initiated in the 90’s by the Chinese government; and the2004 Innovation Law in Brazil.


2021 ◽  
Vol 2021 ◽  
pp. 1-8
Author(s):  
Lídia Audrey Rocha Valadas ◽  
Rosueti Diógenes de Oliveira Filho ◽  
Edilson Martins Rodrigues Neto ◽  
Mary Anne Medeiros Bandeira ◽  
Marta Maria de França Fonteles ◽  
...  

Purpose. This study aimed to evaluate reports of patents for oral care formulations, based on Camellia sinensis (C. sinensis), deposited and granted in intellectual property banks. Methods. A survey was conducted through collection, treatment, and analysis of extracted information from patent reports selected. The documentary research was conducted in January 2021 on formulations with C. sinensis for dental applications, including since the first patent deposits until the current time. The risk of bias of clinical trials with these formulations was analyzed to verify the scientific evidence. The data extracted represent the distribution of the number of patents by banks, annual evolution of patent deposits, applicant of patents by country, distribution of patents according to International Patent Classification codes, and the types of patented products. Results. Data and information from 20 selected patents were extracted. The United States Patent and Trademark Office (USPTO) and World Intellectual Property Organization (WIPO) were the banks with the largest number of patents for products/formulations with C. sinensis for oral care applications with 7 (35%) and 6 (30%) patent registrations, respectively. Other banks did not provide patents related to the search. Patents of compositions were the largest with 14 filings, and the remainder of formulations are represented specially by mouthwashes and toothpastes. As for clinical application, 18 patents were filed as products with antimicrobial and antibiofilm action, while 2 patents are directed to the treatment of xerostomia. In general, the aspects of the studies of clinical efficacy pointed to a low risk of bias. Conclusion. The study pointed out a small number of products protected by patents for Camellia sinensis for oral care indication, highlighting mainly mouthwash compositions and formulations. In the methodological parameters of clinical trials carried out with the formulations, the majority pointed out a low risk of bias.


2018 ◽  
Vol 26 (2) ◽  
pp. 106-111
Author(s):  
Michalene Eva Grebski ◽  
Radosław Wolniak

Abstract Paper addresses the different methods for protecting intellectual property in modern knowledge-based economies. The focus of the paper is a comparison between the procedures for applying for patents in Poland and the United States. The comparison has been made from the perspective of the cost of obtaining and maintaining a patent in Poland, the United States and some other countries. The comparison has also been made from the perspective of the procedures for applying for a patent in different countries based on the Patent Cooperation Treaty. The paper also includes a comparison of the time needed for processing the patent application. Low cost provisional twelve-month patent pending protection available in the United States is also being discussed. The paper also provides some guidance and recommendations for conducting a patent search in order to validate the originality of the invention.


2019 ◽  
Vol 13 (1) ◽  
pp. 18-27 ◽  
Author(s):  
Alvaro F. L. de Sousa ◽  
Lucas L. Bim ◽  
Guilherme Schneider ◽  
Paula R. de Souza Hermann ◽  
Denise de Andrade ◽  
...  

Background m-Health initiatives can show an opportunity to improve the identification, prevention and management of certain diseases. Most health-care applications aims at chronic noncommunicable diseases care, and it is necessary to seek evidence from applications intended for surgical patient care, either before, during or after hospitalization. Objective: The Study Aims to identify and analyze, from the literature review and prospecting, applications for smartphones developed to assist the surgical patient. Methods: A descriptive-exploratory study developed in two sequential phases. The first one corresponded to an integrative review of the literature in the databases PubMed, Web of Knowledge, Europe PMC database and Cumulative Index to Nursing and Allied Health Literature database. The second phase corresponded to an exploration of applications in the European Patent Office, United States Patent and Trademark Office (USPTO), Free Patents Online, Canadian Intellectual Property Office and World Intellectual Property Organization. In both phases, we do not restrict the results by year of publication/registration or language. At each stage, the selected studies/patents were analyzed and pre-selected, according to the inclusion and exclusion criteria, by reading their titles and abstracts. Subsequently, we analyzed those with the potential of participation in the study, evaluating the answer to the research question, as well as the type of research, objectives, sample, method, outcomes, results and conclusion. Finally, the articles/patents record found were read in full. Results In the databases, 14 studies that presented some application for smartphone aimed at the surgical patient were selected. Most of them were in PubMed (64.3%), published in English (100%). Regarding origin, 28.6% of the texts are from the United States of America, 14.3 from Sweden and 14.3 from Canada. On the other hand, in patent databases, 10 registries were selected, 60% in the USPTO patent base, hosted in hybrid systems (iPhone and Android) and developed in the last 5 years (2014-1018) (80%). In general, there is a series of applications aimed at surgical patients, such as targets and/or users, mainly focused on the exchange of text and image messages but concentrated on assisting the physician/health team in the preparation of the patient during the procedure or post discharge. It is necessary to invest in the creation of technologies that aim to monitor these patients, especially in post discharge. Conclusion The characteristics of applications indicate a strong hospital centered tendency in relation to its purpose, having the surgeon as the main user and the surgical patient as the main target. The applications are still focused on optimizing diagnostics or functions, and no initiatives are identified to monitor the patient in a non-hospital environment.


2017 ◽  
Author(s):  
Matthew Rimmer

Matthew Rimmer (2016) '3D printing Jurassic Park: Copyright law, cultural institutions, and makerspaces' Pandora's Box, 2016, pp. 1-12.3D printing is a field of technology, which enabled the manufacturing of physical objects from three-dimensional digital models.The discipline of copyright law has been challenged and disrupted by the emergence of 3D printing and additive manufacturing. 3D Printing poses questions about the subject matter protected under copyright law. Copyright law provides for exclusive economic and moral rights in respect of cultural works – such as literary works, artistic works, musical works, dramatic works, as well as other subject matter like radio and television broadcasts, sound recordings, and published editions. Copyright law demands a threshold requirement of originality. There have been sometimes issues about the interaction between copyright law and designs law in respect of works of artistic craftsmanship. In addition, 3D printing has raised larger questions about copyright infringement. There has been significant debate over the scope of copyright exceptions – such as the defence of fair dealing, and exceptions for cultural institutions. Moreover, there has been debate over the operation of digital copyright measures in respect of 3D printing. The takedown and notice system has affected services and sites, which enable the sharing of 3D printing designs. Technological protection measures – digital locks – have also raised challenges for 3D printing. The long duration of copyright protection in Australia and the United States has also raised issues in respect of 3D printing.There has been great public policy interest into how copyright law will address and accommodate the disruptive technologies of 3D Printing. As a public policy expert at Public Knowledge, and as a lawyer working for Shapeways, Michael Weinberg has written a number of public policy papers on intellectual property and 3D Printing. Associate Professor Dinusha Mendis and her colleagues have undertaken legal and empirical research on intellectual property and 3D printing. In 2015, Professor Mark Lemley from Stanford Law School wrote about intellectual property and 3D printing in the context of work on the economics of abundance. As a practising lawyer, John Hornick has examined the topic of intellectual property and 3D printing. Comparative legal scholar Dr Angela Daly has written on the socio-legal aspects of 3D printing in 2016. The World Intellectual Property Organization in 2015 highlighted 3D printing.3D printing has provided new opportunities for cultural institutions to redefine their activities and purposes, and engage with a variety of new constituencies. 3D printing has also highlighted deficiencies in copyright law in respect of cultural institutions. Culturally and technologically specific exceptions for libraries, archives, and cultural institutions have proven to be ill-adapted for an age of 3D printing and makerspaces. The Australian Law Reform Commission has highlighted the need to modernise Australia’s copyright laws for the digital age. Likewise, the Productivity Commission has considered the question of copyright exceptions in its study of intellectual property arrangements in 2016. The Turnbull Government has contemplated somewhat more modest copyright reforms, with the draft legislation in the Copyright Amendment (Disability Access and Other Measures) Bill 2016 (Cth). Libraries, galleries, museums, and archives would all benefit from flexible copyright exceptions for cultural institutions to take full advantage of the possibilities of digitisation and 3D printing.


2004 ◽  
Vol 56 (2-3) ◽  
pp. 279-303
Author(s):  
Sanja Jelisavac

Intellectual property refers to creations of the mind: inventions, literary and works of art, as well as symbols, names, images, and designs that are used in commerce. Intellectual property is divided into two categories industrial property, which includes inventions (patents), trademarks industrial designs, and geographic indications of source; and copyright which includes literary and works of art such as novels, poems and plays films, musical works, works of art such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes. 1883 marked the birth of the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people from one country obtain protection in other countries for their intellectual creations in the form of industrial property rights, known as: inventions (patents), trademarks, industrial designs. In 1886, copyright entered the international arena with the Berne Convention for the Protection of Literary and Artistic Works. The aim of this Convention was to help nationals of its member States obtain international protection of their right to control, and receive payment for the use of their creative works such as: novels, short stories, poems plays; songs, operas, musicals, sonatas; and drawings, paintings sculptures, architectural works. The Universal Copyright Convention (UCC) was adopted in 1952 and formalised in 1955, as a complementary agreement to the Berne Convention. The UCC membership included the United States, and many developing countries that did not wish to comply with the Berne Convention, since they viewed its provisions as overly favourable to the developed world. Patent Cooperation Treaty, signed on June 19,1970, provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed. On November 6, 1925, the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. Under the provisions of the Hague Agreement, any person entitled to effect an international deposit has the possibility of obtaining, by means of a single deposit protection for his industrial designs in a number of States with a minimum of formalities and of expense. The system of international registration of marks is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement that was adopted in 1989. It entered into force on December 1, 1995, and came into operation on April 1, 1996. The reason for adopting the much more recent Protocol, following the original Madrid Agreement of 1891 (last amended at Stockholm in 1967), was the absence from the Madrid Union of some of the major countries in the trademark field, for example, Japan, the United Kingdom, and the United States of America. The Protocol is intended to make the Madrid system acceptable to more countries. The Rome Convention consists basically of the national treatment that a State grants under its domestic law to domestic performances, phonograms and broadcasts. Apart from the rights guaranteed by the Convention itself as constituting that minimum of protection, and subject to specific exceptions or reservations allowed for by the Convention, performers, producers of phonograms and broadcasting organisations to which the Convention applies, enjoy in Contracting States the same rights as those countries grant to their nationals. The World Intellectual Property Organization (WIPO) is an international organisation dedicated to promoting the use and protection of works of the human spirit. These works, intellectual property, are expanding the bounds of science and technology and enriching the world of the arts. Through its work, WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. In 1974, WIPO became a specialised agency of the United Nations system of organisations, with a mandate to administer intellectual property matters recognised by the member states of the UN. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialised agencies of the United Nations system of organisations. It administers 21 international treaties dealing with different aspects of intellectual property protection. The Organisation counts 177 nations as member states. One of the successes of the Uruguay Round of trade negotiations was the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement), which came into effect on 1 January 1995, and up to date it the most comprehensive multilateral agreement on intellectual property. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they wish so. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice On January 1, 1996, an Agreement Between the World Intellectual Property Organization and the World Trade Organization entered into force. It provides for cooperation concerning the implementation of the TRIPS Agreement, such as notification of laws and regulations and legal-technical assistance and technical co-operation in favour of developing countries. In the 21st century intellectual property will play an increasingly important role at the international stage. Works of the mind - intellectual property such as inventions, designs, trademarks, books, music, and films, are now used and enjoyed on every continent on the earth. In the new millennium international protection of intellectual property rights faces many new challenges; one of the most urgent is the need for states to adapt to and benefit from rapid and wide-ranging technological change, particularly in the field of information technology and the Internet.


Author(s):  
Fernanda C.M. Gallotti ◽  
Mairim R. Serafini ◽  
Sara M. Thomazzi

Background: Conventional treatments of arthritis use toxic and poorly tolerated drugs; Therefore, natural products are an alternative because they are important sources of bioactive substances with therapeutic potential. Objective: To perform synthesis of patent applications associated with the use of natural products in the technological development of the invention for use in treating arthritis. Methods: The search for patents was conducted using the databases World Intellectual Property Organization (WIPO), European Patent Office (EPO, Espacenet), United States Patents and Trademark Office (USPTO) and National Institute of Intellectual Property (INPI) using as keywords - arthritis, treatment and the International Patent Classification (IPC) A61K36 / 00. Results: A total of 617 patents were registered in the total period available in the patents databases related to the subject, being established as the study period the years 2005 to 2017, of which 44 were analyzed based on the established inclusion criteria. The most important countries for protecting these inventions were China, followed by the United States of America, the Republic of Korea and Japan. As for the typology of depositors, there were identified Educational Institutions and Public Institutes of Research (IEIPP) and Companies and Private Research Institutes (EIPP). Conclusion: The analysis of patents made it possible to characterize the natural products used in the treatment of arthritis, with emphasis on botanical extracts (71%), as a single component, as well as associated with other botanical extracts, isolated compounds and minerals.


2014 ◽  
Vol 20 (1) ◽  
Author(s):  
Jeremy Coombs

According to the World Intellectual Property Organization, nearly 100,000 pharmaceutical and biotechnology patent applications are filed each year around the world, and the trend is increasing. These companies have very little room for error in the work they conduct each day. As a result, the translations of these patent applications need to be completely accurate, which requires a translation service provider who follows best practices. These best practices include centralized processes, highly specialized teams, quality control, terminology management and advanced technologies.By following them, they will ultimately reduce office actions and litigation risks, as well as decrease time to grant. This case study will highlight how a large biotechnology company worked with their translation service provider to develop a series of best practices for the translations of their intellectual property, focused primarily on their patent applications. Readers will come away with an understanding of how their multinational enterprises can leverage these best practices to get improved quality, reduced time to grant and more filings for the budget. 


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