How Half-Causation can enlighten the drafting of patent claims

The author’s 2019 article ‘If You Wish to Invent Then Follow the Half-Causation Method’ presented ‘Half-Causation’, which is a philosophical model for the systemization of the invention process. It consists of five phases of reasoning, each terminating with taking a ‘logical branch’. This paper has two objectives. The first (and preliminary) objective is to introduce a readership in patent practices (and theory) to Half-Causation. The second (and primary) objective is to highlight how Half-Causation can be practically useful to patent practitioners (and perhaps ultimately theorists), specifically in terms of enlightening the drafting of patent claims. In order to do this effectively, the reader is presented with a case which they can engage with to see for themselves how Half-Causation can help, step by step. The presented case was the subject of the USPTO’s 2019 patent drafting competition. It consists of rather convoluted instructions received from an ‘imaginary’ client about their ‘imaginary’ invention. The case is an excellent opportunity to illustrate how Half-Causation as a philosophical model can be practically useful. Two Half-Causation tools are implemented. The first is Half-Causation Branching, which allows the logical mapping of the inventing space, within which the imaginary invention is located. Implementing this tool reveals two alternative nearby inventions, which if left out of the sought patent protection would render any eventually granted patent practically worthless. Following that, Half-Causation Encapsulation comes to the rescue by allowing the encapsulation of the original imaginary invention, plus the two alternative nearby ones, all in a manner that provides the all-important unity of invention On the one hand, patent agents are not supposed to contribute to their client’s inventive concept to the extent that they become co-inventors. On the other hand, scientists and engineers are not supposed to dedicate so much time and effort to learning about complex patent laws as to become patent agents. Arguably, each should aim to excel in their discipline. However, a structured dialogue should be considerably helpful to each and to the patent process as a whole. It is proposed that Half-Causation, with its logical structure, can provide a basis for such a dialogue. Besides targeting a readership in patent practices and theory, this paper should be of interest to multiple readerships, for example in engineering design, medical discovery and philosophy of technology.

INTELLECTUAL PROPERTY IN BRAZIL: POSSIBILITIES AND ADVANCES

Intellectual property is one of the main topics of our time.All organizations and companies that work with research and innovation have intellectual property as one of the factors for economic and financial growth. Every day, many governments discover about the benefits of industrial innovation and how patents can defend new technologies. The purpose of this research is to report on intellectual property in Brazil. It is concluded that it is necessary to advance in policies, that Brazilian patents take a long time to be granted. Investments are needed so that companies in Brazil can learn about patent laws and benefit from them.

The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing

This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

Innovation in Indian Pharmaceutical Industry: Impact of Changing Regulatory Regime

Background: The Pharmaceutical industry has always been fostered with a culture of radical innovation. Nevertheless, the significance of radical innovation is yet unrealized by the Indian pharmaceutical firms. Introduction: The Indian pharma companies often seek immediate profit avenues rather than investing in radical innovation. They lead by imitation than innovation. This has been majorly due to the lax intellectual property laws in the country. Objectives: This paper ruminates on the significance of a stringent intellectual property regime and its impact on profitability and innovation. Result: The findings of the study indicate that increased R&D intensity enhances innovation. Furthermore, this relationship is bolstered in the presence of a stringent intellectual property regime. The findings also indicate that enhanced innovation activity increases the profitability of the firms. Conclusion: Innovation activity is enhanced in presence of a stricter intellectual property regime, and this indeed has a positive impact on the firm profitability as well. Hence, as the results of the study indicate, the pharmaceutical firms in India should be encouraged to invest in research and development, especially considering the stricter patent laws. It will help firms bolster their profitability and have a sustained competitive advantage in the industry.

Patentability challenges associated with emerging pharmaceutical technologies

According to the recent patent filing trends, it has been observed that certain pharmaceutical technologies are more popular than others and are commonly referred to as emerging technologies. The emerging technologies in the pharmaceutical sector include artificial intelligence, big data and certain advanced biological therapies such as personalized medicine and stem cell therapy. These trends have various applications in the medicine and healthcare industry. Since these technologies are relatively new and each of them is very unique in its own way, current patent laws are inadequate to deal with the complex challenges associated with them. A brief analysis of the challenges associated with these emerging technologies and their applications is discussed in this paper.

Analysing the interplay between the right to health and pharmaceutical patent rights in the introduction of a COVID-19 vaccine into the Philippines

Purpose The COVID-19 pandemic has devastated economies and public health systems across the globe, increasing the anticipation for the creation of an effective vaccine. With this comes the reinforcement of debates between the right to health and pharmaceutical patent rights. The purpose of this study is to illustrate how the Philippines could attempt to balance the right to health with pharmaceutical patent rights in the introduction of a potential COVID-19 vaccine into the country. Design/methodology/approach This will be accomplished through an examination of the flexibilities allowed by international agreements and domestic patent laws. Findings With the economic and health challenges brought about by the COVID-19 pandemic, the Philippine Government will have a strong justification to pursue parallel importation and compulsory licencing under the Agreement on Trade-Related Aspects of Intellectual Property Rights. This is exacerbated by the bold leadership of President Duterte, whose administration has so far shown a propensity to decide in favor of the right to health at the expense of other rights in dealing with the pandemic. Originality/value While this paper focuses on the Philippines, it has a potential application in the least developed and developing countries which aim to gain access to a prospective COVID-19 vaccine. Moreover, while this study discusses the harmonization of laws on the right to health and patent laws as a solution to the COVID-19 pandemic and the lack of access to vaccines, it also calls for solutions that go beyond the application of the law.

The Role of IPR in Plant Genetic Engineering

The role and status of Patent laws in the protection of plant species which have been genetically modified is currently uncertain in India. Discussions and debates regarding the same are rife and experts have different views regarding the whole aspect concerning economical and ethical considerations. Genetically engineered plants and modified crop plants are of significant economic value. In India, they face critical challenges, for instance, the requirement of dependable public policies and vigorous frameworks for regulatory control. This becomes much more vital since India desires to be an economic superpower primarily based on innovation. It is very important for a person from the legal field, especially those interested in the field of IPR, to have clarity regarding the protection of genetically modified plants. This humble attempt at a research paper seeks to clarify the same and discusses the various aspects on which one should think while concluding their views on the topic.

Ch.9 Patents

This chapter explores the issue of patentability. Article 27.1 of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement stipulates that ‘patents shall be available for any inventions’. As with most patent laws in the world, the Agreement does not define what an invention is. The plain wording of Article 27.1 suggests that Members have been left room to define ‘invention’ within their legal systems, in good faith, subject only to the application of the method of interpretation set out by the Vienna Convention. However, the interpretation of the obligation to patent ‘any inventions’ raises many important policy issues, such as the extent to which Members are bound to confer patents over discoveries, particularly over substances found in nature such as genes. Although Members can adopt a more expansive concept at the national level, they are not obliged to grant patents to what is not ordinarily considered an ‘invention’. Thus, they are not obliged to grant patents over genes.