scholarly journals The Role of U.S. Patent Protection in Commercializing University Technologies

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Fang Lei ◽  
Chan Chris
Keyword(s):  
Patent Protection

14. Key elements of the patent system

2020 ◽  
pp. 230-245
Author(s):  
Ian J. Lloyd
Keyword(s):  
Patent Protection ◽  
World Trade Organisation ◽  
Patent System ◽  
The European Union ◽  
The United Kingdom ◽  
System P ◽  
To Come ◽  
The Uk ◽  
Near Future

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.

Patent and innovation during the Industrial Revolution in England

2018 ◽  
Vol 86 (3-4) ◽  
pp. 404-433
Author(s):  
Deming Liu
Keyword(s):  
Patent Protection ◽  
Industrial Revolution

Summary The article explores the role of patent or lack thereof in Josiah Wedgwood’s business. It first discusses the motive behind his opposition of extension of Richard Champion’s patent and then delves into his defence of his own patent in the dispute with the alleged infringer. It aims to show the incongruence of words and deeds of a tradesman with respect to patents; more importantly, it sets out to demonstrate that the claim of patent as an incentivising measure does not bear out as far as Wedgwood is concerned; rather, it is lack of patent protection that facilitates innovation in his pottery business.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

scholarly journals The Uneasy Case for Patent Law

2018 ◽  
pp. 499
Author(s):  
Rachel Sachs
Keyword(s):  
Patent Protection ◽  
Human Microbiome ◽  
Patent Law ◽  
New Drugs ◽  
Patent Rights ◽  
Central Tenet ◽  
Microbiome Research ◽  
Innovation Incentives

A central tenet of patent law scholarship holds that if any scientific field truly needs patents to stimulate progress, it is pharmaceuticals. Patents are thought to be critical in encouraging pharmaceutical companies to develop and commercialize new therapies, due to the high costs of researching diseases, developing treatments, and bringing drugs through the complex, expensive approval process. Scholars and policymakers often point to patent law’s apparent success in the pharmaceutical industry to justify broader calls for more expansive patent rights. This Article challenges this conventional wisdom about the centrality of patents to drug development by presenting a case study of the role of patents in the emerging field of microbiome research. Scientists have recently begun to appreciate the important role played by the human microbiome, the community of microbes that lives within each of our bodies, in preventing and treating disease. The microbiome has been linked to autoimmune disorders, mental health conditions, and a range of conditions affecting our intestinal systems. Put simply, research involving the microbiome has the potential to change the future of medicine. There’s just one problem: the microbiome can’t meaningfully be patented. Several doctrines within patent law will make it extremely difficult for companies to obtain and enforce patents like the ones that are so readily available in most areas of medicine. Drawing on patent doctrine, patent searches, and interviews with scientists and lawyers, this Article demonstrates that companies are developing microbiome-based therapies largely in the absence of patent protection. Instead, the companies are relying on other innovation incentives to fill the gap. The microbiome’s unpatentability presents an opportunity to evaluate whether patents are truly necessary for the development of new drugs. Congress, the NIH, and the FDA have implemented many innovation incentives throughout the development process, and we should not be astonished that removing a single such incentive, patent law, does not disrupt the entire system. Perhaps scholars should reconsider, if only selectively, our focus on patents as an irreplaceable driver of pharmaceutical innovation.

scholarly journals The role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries

2021 ◽  
pp. 22-62
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Information Security ◽  
Patent Protection ◽  
The United States ◽  
Legal Regulation ◽  
Patent Law ◽  
Practical Significance ◽  
Technical Data ◽  
Brics Countries ◽  
Advanced Development

The subject of this research is the role of cryptography in ensuring cybersecurity and protecting information about technologies of strategic and advanced development in the context of protection of sci-tech achievements in the BRICS countries. The relevance of the selected topic is substantiated by the fact that modern countries, for example, the founder of computer industry – the United States along with the BRICS member-states, realize the importance and practical significance of cryptography in different spheres (military, civil) and aim to develop the means and systems of information security, establishing legal regulation for various aspect of its application. Such approach needs elaboration on the development and implementation of cryptography from the perspective of supranational and international law. It is determined that the currently used encryption methods are essentially based on the methods that use special mathematical algorithms built in computer software. Such methods are a substantial  but surmountable obstacle for acquiring copyright and patent protection. The examined legal orders evolve by encouraging the development of national cryptographic and software systems, and ensuring its protection by patent law under certain conditions and based on a number of principles that are taken into account in national legislation of the BRICS countries. Correlation of the effectiveness of ensuring information security using only patented encryption or with application of additional protection based on the provisions on commercial secret, demonstrated futility of using the latter. From the perspective of international (or supranational) law, cryptographic software is controlled within the framework of international agreements on distribution of technical data, military and dual-purpose products.

scholarly journals Trade Agreements and Pharmaceutical Patent Protection: Implications for the Governance over Pharmaceutical Products in Canada

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Danalyn Byng
Keyword(s):  
Patent Protection ◽  
Trade Agreements ◽  
Pharmaceutical Products ◽  
Pharmaceutical Market ◽  
Brand Name ◽  
International Trade Agreements ◽  
Pharmaceutical Patent ◽  
Canadian Health ◽  
Brand Name Drugs

This paper was prepared for a course on Canadian health policy. Its purpose is to expose the harmful ramifications of international trade agreements on the pharmaceutical market in Canada and the governance surrounding this market. This paper will explore the various implications that trade agreements have on the affordability of drugs, the strength of intellectual property protection, and the transfer of authority and influence from government to “Big Pharma.” This paper will unravel the reality that trade agreements are not beneficial to the Canadian people looking to access an affordable pharmaceutical market, but rather, act quite contrary to this. Facts will show that trade agreements work to put money into the pockets of large brand-name pharmaceutical companies in the forms of billions of dollars of revenue and profit. This paper will encourage readers to question the feasibility of extending patent legislation for brand-name pharmaceutical products, the increasing role of trade agreements and the pharmaceutical industry in Canada, and the substitutability of brand-name drugs over cheaper generic alternatives.

Plant Breeders' Rights, an Equitable Legal System for New Plant Cultivars

1988 ◽  
Vol 24 (1) ◽  
pp. 15-30 ◽  
Author(s):  
C. Mastenbroek
Keyword(s):  
Plant Breeding ◽  
Legal System ◽  
Patent Protection ◽  
Agricultural Productivity ◽  
Genetic Erosion ◽  
Legal Protection ◽  
International Union ◽  
Advantages And Disadvantages ◽  
Plant Breeders Rights

SUMMARYAs the art of plant breeding became a professional and increasingly expensive activity, legal protection was gradually provided in member states of UPOV (International Union for the Protection of Plant Varieties), at present 17 in number. The requirements and scope for protection by Plant Breeders' Rights (PBR) are reviewed and are considered to be favourable for plant breeders, growers and national agricultural productivity. Advantages and disadvantages of PBR and patent protection in connection with biotechnology, the rôle of multinationals as plant breeders and aspects of genetic erosion are discussed.

scholarly journals Modalities, Challenges, and Possibilities

2021 ◽  
Vol 7 (1) ◽  
pp. 1-42
Author(s):  
Peter K. Yu
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Pharmaceutical Innovation ◽  
Public Access ◽  
The Public ◽  
Property System ◽  
Introductory Article ◽  
To Come ◽  
Proper Balance

On October 25, 2019, the Texas A&M Journal of Property Law and the Center for Law and Intellectual Property at Texas A&M University School of Law jointly organized the “Pharmaceutical Innovation, Patent Protection, and Regulatory Exclusivities” Symposium. Although none of the organizers and participants could predict what was to come in the next few months, there was a wide consensus that the rapid changes in the pharmaceutical landscape and our continuous struggle to strike a proper balance between proprietary protection and public access in the public health arena deserves scholarly, policy, and regulatory attention. To help contextualize the articles included in this special issue and to inform readers about the inspirations and motivations behind the Symposium, Part II of this Introductory Article explores the different modalities of protection—in particular the role of patents and regulatory exclusivities in providing the needed incentives to pharmaceutical developers. Part III identifies three sets of challenges that affect the future of pharmaceutical innovation at both the domestic and international levels. Part IV utilizes a very recent event—the COVID-19 pandemic—to illustrate the wide array of policy options and possibilities both within and outside the intellectual property system. This Part makes salient the nexus between the domestic and international debates on pharmaceutical innovation.

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