scholarly journals Pharmaceutical Product Liability, Litigation Regimes and the Propensity to Patent: an Empirical Firm-level Investigation

2020 ◽  
Author(s):  
Mitja Kovac ◽  
Salvini Datta ◽  
Rok Spruk
Keyword(s):  
Legal Status ◽  
Patent Application ◽  
Product Liability ◽  
Pharmaceutical Product ◽  
European Patent ◽  
Firm Level ◽  
Patent Applications ◽  
A Minor ◽  
Second Category ◽  
The Empirical Analysis

<p>Our data on the legal status of patent applications is from European Patent Office's (EPO) PATSTAT database which contains bibliographic and legal status firm-level patent data from leading industrialized and developing countries for the period 1995-2015. Sixteen different forms of legal statues are broadly classified and systematized into four broad categories. The first category entails the patent applications sent to EPO. This category is used to code firm-level observations based on whether the patent application has been submitted to EPO. The second category comprises the pooled firm-level observations for which the patent application has been approved and official validated. This category comprises the firms for which a valid patent has been approved in a given year. The third category comprises the firms whose patent application has been rejected by EPO on various ground which exceed the scope of this paper. And fourth, the remaining forms of legal status were coded into miscellaneous category which amounts to a minor fraction of the whole set of applications and which are omitted from the empirical analysis.</p>

scholarly journals Pharmaceutical Product Liability, Litigation Regimes and the Propensity to Patent: an Empirical Firm-level Investigation

2020 ◽  
Author(s):  
Mitja Kovac ◽  
Salvini Datta ◽  
Rok Spruk
Keyword(s):  
Legal Status ◽  
Patent Application ◽  
Product Liability ◽  
Pharmaceutical Product ◽  
European Patent ◽  
Firm Level ◽  
Patent Applications ◽  
A Minor ◽  
Second Category ◽  
The Empirical Analysis

<p>Our data on the legal status of patent applications is from European Patent Office's (EPO) PATSTAT database which contains bibliographic and legal status firm-level patent data from leading industrialized and developing countries for the period 1995-2015. Sixteen different forms of legal statues are broadly classified and systematized into four broad categories. The first category entails the patent applications sent to EPO. This category is used to code firm-level observations based on whether the patent application has been submitted to EPO. The second category comprises the pooled firm-level observations for which the patent application has been approved and official validated. This category comprises the firms for which a valid patent has been approved in a given year. The third category comprises the firms whose patent application has been rejected by EPO on various ground which exceed the scope of this paper. And fourth, the remaining forms of legal status were coded into miscellaneous category which amounts to a minor fraction of the whole set of applications and which are omitted from the empirical analysis.</p>

scholarly journals Pharmaceutical Product Liability, Litigation Regimes, and the Propensity to Patent: An Empirical Firm-Level Investigation

SAGE Open ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 215824402110094
Author(s):  
Mitja Kovac ◽  
Salvini Datta ◽  
Rok Spruk
Keyword(s):  
Burden Of Proof ◽  
Product Liability ◽  
Pharmaceutical Product ◽  
European Patent ◽  
Firm Level ◽  
Country Level ◽  
Validation Rate ◽  
Negative Effect ◽  
Unobserved Effects ◽  
Variable Bias

Do different pharmaceutical product liability regimes in different countries induce propensity to patent? We exploit the variation in pharmaceutical liability and litigation rules across firms in the pharmaceutical industry and countries to explain the firm-level propensity to patent. Drawing on a large dataset from European Patent Office (EPO) covering over 9,950 pharmaceutical patents from 63 countries over the period 1991–2015, we compute the conditional probabilities of individual pharmaceutical firms to acquire a valid-based patent on the validation outcomes and examine whether different liability regimes encourage or deter firm-level propensity to patent. Our empirical strategy addresses firm-level idiosyncrasies, country-level unobserved effects, and common technology shocks that potentially invoke omitted variable bias in the effects of liability regimes on the propensity to patent. Our investigation reveals that liability regimes combined with damage caps, broad statutory excuses, and reversed burden of proof have a strong positive effect on the firm-level patent stock and a negative effect upon EPO patent validation rate. The evidence suggests that not all liability rules and related litigation procedures are created equal. Firms are systematically more likely to hold (firm-level patent stock) valid patents at the EPO when the liability and litigation rules are not complex and when the damage cap, broad statutory excuses, and reversed burden of proof are introduced.

scholarly journals Analysis on the Trend of Sewage Treatment Technology Patent in Dalian, China

2020 ◽  
Vol 194 ◽  
pp. 04006
Author(s):  
Fengying Huang ◽  
Yubo Cui ◽  
Wanjun Zhang ◽  
Luosang zhuma ◽  
Zhongwei Zhang
Keyword(s):  
Future Development ◽  
Legal Status ◽  
Patent Application ◽  
Sewage Treatment ◽  
Simple Explanation ◽  
Utility Model ◽  
Practical Application ◽  
Treatment Technology ◽  
The Future ◽  
Patent Applications

The development status and trend of the patents related to sewage treatment technology in Dalian, China in the past decade may affect the future environmental protection industry development. The status quo of patent applications related to wastewater treatment technology was analyzed from the perspectives of application volume, disclosure volume, application organization, type composition of invention and utility model patent products and legal status. The results indicated that the total number of filed patents were 894, and the number of issued patents were 914 in recent ten years, showing an increasing trend for sewage treatment technology in Dalian, China. However, there were distinct differences between the application agencies of invention patents and utility model patents. Most of the invention patents came from universities, with 264 in the top five, and most of the utility model patents came from enterprises, with 134 in the top five. Among the product types, the highest number of patent applications was water, wastewater, or sludge treatment technology, a total of 761. At this point, the two patent directions had the same trend. In the state of law, although the number of applications and disclosures was 470, which was more than 416 actually authorized, it was not difficult to find that sewage treatment industry in Dalian, China was in an increasingly developing stage and the patents actually obtained had higher quality assurance. In conclusion, this essay from the perspective of patent application made a simple explanation the future development of sewage treatment industry and the problems existing in the practical application of sewage treatment technology. Finally, from the perspective of patent application, the paper analyzed the future development of sewage treatment industry and the problems existing in the practical application of sewage treatment technology.

scholarly journals Patent Analysis of Sulfur Autotrophic Denitrification Technology in China

2021 ◽  
Vol 13 ◽  
pp. 57-65
Author(s):  
Yihai Chen ◽  
Donghe Yang ◽  
Guangsheng Li ◽  
Qing Liu ◽  
Tao Huang
Keyword(s):  
Waste Water ◽  
Legal Status ◽  
Waste Water Treatment ◽  
Patent Application ◽  
Autotrophic Denitrification ◽  
Related Research ◽  
Patent Value ◽  
Patent Search ◽  
Chinese Patent ◽  
Patent Applications

In order to grasp the overall status of sulfur autotrophic denitrification related patents, and better carry out sulfur autotrophic denitrification related research and intellectual property protection, based on the SooPAT Chinese patent search engine and Baiteng.com platform, from the first patent application year to the search deadline was to analyze the number, legal status, technical field distribution, and patent value of the sulfur autotrophic denitrification patents filed in China. The results showed that the number of patents filed each year had increased rapidly since 2012. The number of patents filed in 2019 was 10 times the number of patent applications from 2001 to 2011, and the patents granted were mainly concentrated in the field of sewage (waste) water treatment, accounting for 83.64% of the total number of patents. The overall patent value was in the middle and lower level, and there were no high-value patents.

Filing a Patent Application

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Home Country ◽  
Patent Application ◽  
General Rule ◽  
European Patent ◽  
Commercial Interest ◽  
Patent Applications ◽  
Priority Date ◽  
A Priority ◽  
One Year ◽  
Paris Convention

This chapter first addresses questions such as whether a patent application should be filed at all, and if so, when and where to file. As a general rule, if an invention appears patentable and may be of some commercial interest, a priority application should be filed. The applicant then has one year under the Paris Convention before significant amounts of time and money must be invested in filing in other countries. If the decision is made to file in other countries, or even to proceed to obtain a patent in the home country, the first filing gives a priority date that can be relied upon later. In other words, when in doubt, file an application. The remainder of the chapter discusses non-convention filings, European patent applications, international applications, registrations and patents of importation, and petty patents.

Disclaimers in European Patent Applications

2020 ◽  
Vol 69 (12) ◽  
pp. 1204-1216
Author(s):  
Michał Barycki
Keyword(s):  
Patent Application ◽  
Patent Law ◽  
European Patent ◽  
General Notion ◽  
Patent Office ◽  
Eu Member States ◽  
National Courts ◽  
Judicial Practice ◽  
Patent Applications ◽  
The Eu

Abstract A European patent application may be amended by, among others, deleting a part of the claimed subject matter under established conditions or by the incorporation of an undisclosed or disclosed disclaimer. Disclaimers are a useful tool in order to maintain the balance between the practical needs of applicants and the interests of third parties in legal clarity and completeness. The incorporation of disclaimers may not extend beyond the content of the European patent application as filed and the protection it confers. The purpose of this paper is to illustrate how an applicant can introduce a negative technical feature into the patent application in the light of the extensive judicial practice of the Technical and Enlarged Boards of Appeal of the European Patent Office. The author has analysed the criteria for disclaimers set out in decisions G 1/03, G 2/10 and G 1/16 in accordance with the general notion of patent law and requirements of patentability. Additionally, this problem was also characterized in the light of the judicial practice of national courts and legislations of the EU Member States.

scholarly journals Scandinavian Approaches to Begging as a Policy Problem and the Double Insider/Outsider Status of Marginalized Intra-EU Migrants

2021 ◽  
pp. 1-18
Author(s):  
KARIN BOREVI
Keyword(s):  
Legal Status ◽  
Criminal Policy ◽  
Welfare States ◽  
Social Needs ◽  
Control Measures ◽  
Immigration Control ◽  
Eu Member States ◽  
Policy Problem ◽  
Cross Country ◽  
The Empirical Analysis

Abstract The present article investigates how begging performed by citizens of new EU-member states in Eastern Europe was debated in parliaments in Denmark, Sweden and Norway during the period 2007–2017. The empirical analysis shows significant cross-country divergences: In Denmark, efforts targeted controlling migration, either directly or indirectly, via various deterrence strategies. In Sweden, the emphasis was rather on alleviating social needs while migrants reside in the country and trying to decrease their incentives to migrate in the first place by ameliorating conditions in sending countries. In Norway, one predominant framing revolved around the issue of human trafficking of beggars. Despite substantial differences, the analyses show a gradual shift in a similar direction in all three countries. While a social frame was initially more commonly understood as the appropriate way to approach begging, over time a criminal frame has gained ground in all three countries. The article argues that this development must be understood in light of marginalized intra-EU migrants’ legal status as both insiders and outsiders in the Scandinavian welfare states. Due to these individuals’ “in-between status”, neither conventional social policy nor immigration control measures are perceived as available, making policymakers more prone to turn to criminal policy tools.

scholarly journals Indian medical device sector: insights from patent filing trends

2017 ◽  
Vol 3 (3) ◽  
pp. 167-175 ◽  
Author(s):  
Suchita Markan ◽  
Yogmaya Verma
Keyword(s):  
Medical Device ◽  
Emerging Market ◽  
Patent Application ◽  
Market Potential ◽  
Small Scale ◽  
Indian Medical ◽  
The Usa ◽  
Patent Applications ◽  
The Government ◽  
Patent Filing

In this study, patent application filing trends in India for the last decade (2005–2014) were analysed to understand the medical device patent filing profile. As India is the key emerging market with huge market potential, this study was also undertaken to identify the top medical device companies filing patents in India, the niche technology domains with maximum filings, key gaps in medical device innovation profile and scope for business opportunities. It was observed that patent application filings in the medical device sector during the last 5 years (2009–2013) contributed only to 2% of the total patent applications filed, which may be attributed to nascent medical device sector and lack of Intellectual Property (IP) awareness or funding support for IP filings. The analysis shows increasing trends in medical device patent applications in India, with major share of patent applications being filed from the USA. The Indian applications in this sector contributed only to 17% of the total patent application filings in the last decade. Although foreign players dominate the medical device sector, this study indicates that though at a small scale, Indian applicants are actively filing patents in all key domains of the medical device sector. With the enabling environment being provided by the Government of India with recent policy initiatives such as Startup India, Make in India, 100% Foreign Direct Investment (FDI)and so on and support to start-ups for IP filings, the Indian medical device industry is expected to witness aggressive IP filing and innovation trends and is poised to grow exponentially targeting US$50 billion industry by 2025.

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