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Financial anti-trust
guidelines: Pharmaceutical
Industry: A Discussion of Competitive and Antitrust Issues in an Environment of
Change, Federal Trade Commission, http://www.ftc.gov/reports/pharmaceutical/drugexsum.htm
Bayh
Dole: The
transfer of new technology from university laboratories to the private sector
has a long history and has taken many different forms. The current
national emphasis on this activity, however, can be dated to the 1980 enactment
of P.L. 96-517, The Patent and Trademark Law Amendments Act, more commonly known
as the Bayh-Dole Act, and amendments included in P.L. 98-620, enacted into law
in 1984. The Bayh-Dole Act A Guide To The Law And
Implementing Regulations
, University of California Technology Transfer http://www.ucop.edu/ott/faculty/bayh.html
biopharma
licensing: Industry Trends, organization, strategy & innovation, Scouting, evaluation & due diligence, finance & contracts, execution
& communication Biopharma
Licensing Congress April 5-6, 2011 • Philadelphia, PA Program | Register
| Download Brochure Industry Trends, organization strategy * innovation,
scouting innovation evaluation and due diligence, finance/contract, execution
and communication Cohen- Boyer:
Stanley Cohen's
and Herbert Boyer's basic science discovery of recombinant DNA technology in
1973 sparked a revolution in biology and spurred development of the
biotechnology industry. The invention’s far- reaching implications for the
interconnected worlds of science, commerce, and society are suggested in what
follows. .. [Biotech at 25: The founders, Univ. of California - Berkeley
Library, 1999-2000] http://bancroft.berkeley.edu/Exhibits/Biotech/25.html
Related term: licensing
cross-licensing: A legal agreement in which two or more parties
which have potentially conflicting patent
claims strike a deal to share rights to the product or process in question.
[PhRMA] Diamond v. Chakrabarty, 1980:
Prior to
1980, life forms were considered a part of nature and were not patentable.
Diamond v Chakrabarty changed this with the 5- 4 U.S. Supreme Court decision that
genetically engineered (modified) bacteria were patentable because they did not
occur naturally in nature. In this case, Chakrabarty had modified a bacteria to
create an oil- dissolving bioengineered microbe. [Genetics and patenting, Oak
Ridge National Lab, US, 2002]http://www.ornl.gov/hgmis/elsi/patents.html
disease gene patents:
I wish to direct my comments to the emerging pattern of exclusive licensing of so-called Disease Gene Patents. These patents generally claim a gene sequence, one or more mutations in
which are found to be associated with disease or risk of disease. In addition to claims covering all uses of the chemical sequences, the patents also claim all methods of diagnosis of disease by
identifying in a specific patient the disclosed genetic alleles, mutations, or polymorphisms. ..Oversight Hearing on Gene Patents and Other Genomic Inventions, Jon F. Merz,
Assistant Professor of Bioethics, Department of Molecular and Cellular
Engineering, and Center for Bioethics, University of Pennsylvania, Subcommittee
on Courts and Intellectual Property of the Committee on the Judiciary, U.S.
House of Representatives, July 13, 2000
http://www.clinchem.org/cgi/content/full/45/3/324
Google = about 457 Mar
1, 2007, about 667 April 9, 2009 DNA
patents: Patents
and applications included in the DPD [DNA Patent database] are identified
by a search algorithm that captures documents with a nucleic-acid specific term
in its claims section and also with a relevant classification code. Terms
specific to nucleic acids include “DNA,” “RNA,” “nucleotide,”
polynucleotide,” etc. The relevant class codes are those designated by the electronic
lab notebook: http://en.wikipedia.org/wiki/Electronic_lab_notebook
A
definition was developed by the Collaborative Electronic Notebook Systems
Association (CENSA) "A system to create, store, retrieve, and share
fully electronic records in ways that meet all legal, regulatory, technical and
scientific requirements” http://www.phasefour-informatics.com/?page_id=21
enablement criterion: See under patents EPO European Patent Office:
An international patent- granting authority established under the
European Patent Convention (EPC), which was signed in Munich on 5 October 1973 and came into
force on 7 October 1977. The EPO has its headquarters in Munich, a branch in The Hague, and
sub- offices in Berlin and Vienna. The EPO is not an EU institution. It is completely
self- financing and has a large degree of administrative autonomy. Its operating and investment budgets are funded entirely from procedural fees and from part of the annual renewal fees levied on granted European patents.
[European Patent Office website] http://www.european-patent-office.org/epo_general.htm#organ
EST patents:
The PTO ruled that ESTs
-- short sequences of coding DNA derived, assembly-line style, from messenger
RNA extracted from cells -- were patentable in the early '90s. ,,No one
knows how many ESTs are in line waiting for patents -- not even the PTO.
"We quit tracking them," says John Doll, the PTO's director of
biotechnology examination. "We had about a half a million, and that was
about four years ago." [Ken Garber, Homestead 2000: The Genome, Signals
Magazine, Recombinant Capital, Mar. 3, 2000] http://www.signalsmag.com/signalsmag.nsf/0/FD168FB6C42ACF6E882568950015E2D0
Google = about 153 Sept. 18, 2002;
about 457 Mar 1, 2007
exclusivity and patents:
http://www.fda.gov/Drugs/DevelopmentApprovalProcess/ucm079031.htm experimental use:
See
under patent infringement gene fragments: USPTO has issued a few patents for gene fragments. Full sequence and function often are not known for gene fragments. On pending applications, their utility has been identified by such vague definitions as providing scientific probes to help find a gene or another EST or to help map a chromosome. Questions have arisen over the issue of when, from discovery to development into useful products, exclusive right to genes could be claimed.
... Patent applications for such gene fragments [ESTs, cDNAs] have sparked controversy among scientists, many of whom have urged the USPTO not to grant broad patents in this early stage of human genome research to applicants who have neither characterized the genes nor determined their functions and uses. In December 1999, the USPTO issued stiffer interim guidelines stating that more usefulness must now be shown before gene fragments are considered
patentable -- specifically how the product functions in nature. The new rules call for "specific and substantial utility that is credible," but some still feel the rules are too lax.
Resources for Genetics
and patents, Human Genome Project, Oak Ridge National Lab, US, 2002 http://www.ornl.gov/hgmis/elsi/patents.html gene patent guidelines: See utility patent
guidelines (Jan. 2001) gene patents:
A patent on a
specific isolated gene
sequence discovery Wikipedia accessed Dec. 17, 2010 http://en.wikipedia.org/wiki/Gene_patent The controversy over gene patents emerged when Dr. Craig
Venter, CEO of Celera Genomics, sent 20,000 gene sequences to the PTO, claiming patents to the sequences and to procedures that would be used to diagnose disorders with the genes. The PTO denied these applications, suggesting that simply finding DNA sequences and claiming their use as a research reagent was not sufficient for a patent. The PTO thus indicated that it required the inventor of a gene to show a level of utility beyond the gene’s use as a research tool. ¶ 6 The standard of utility wielded by the PTO, however, has been far from clear.
THE FATE OF GENE PATENTS UNDER THE NEW UTILITY GUIDELINES, Feb. 28
, 2001, Duke Law and Technology Review, Cite as 2001 Duke L. & Tech. Rev.
0008 http://www.law.duke.edu/journals/dltr/ARTICLES/2001dltr0008.html
Google = about 3,970 Sept. 18, 2002;
about 137,000 Mar 1, 2007, about 35,700 April 9, 2009, about 344,000 Dec 17,
2010 Narrower terms: cDNA patents, disease gene patents,
EST patents, gene fragments, SNP patents; Related terms: utility guidelines; Gene
definitions gene Beginner's guide to gene patents,
Guardian, UK, 2000 http://www.guardian.co.uk/genes/article/0,2763,397385,00.html genetic discrimination:
Molecular diagnostics & Genetic
testing genomic
patents: Allen K Yu, Why it is time to
eliminate genomic patents, Paper 1473, Berkeley Electronic Press, 2006 http://law.bepress.com/cgi/viewcontent.cgi?article=6667&context=expresso
Google =
about 3,310 Mar 1, 2007 genomics -
legal aspects: Genetics in the courtroom, HGMIS, DOE, US http://www.ornl.gov/TechResources/Human_Genome/courts/courts.html#1 human life, patenting: Patenting
Human Life, President's Council on Bioethics, http://bioethics.georgetown.edu/pcbe/topics/patenting_index.html Intellectual Property
IP, Biotechnology Industry
Organization, US http://www.bio.org/ip/ international patents:
The Trilateral Offices, the European Patent Office (EPO),
the Japanese Patent Office (JPO), and the U.S. Patent
and Trademark Office (USPTO) have been cooperating for the administration of their patent functions in order to
gain possible mutual benefits since 1983. US PTO http://www.uspto.gov/web/offices/dcom/olia/ir_pat_trilateral.htm
JPO Japanese Patent Office:
The system of industrial property rights (which is a general terms used when referring to the system for patents, new utility models, designs and trademarks) is to contribute to
development of industry by securing and protecting the successful and creative development of structures for patents, etc.
The system of industrial property rights is also designed to promote development of
sciences
and technology. As Japan is on the threshold of the twenty first century, the importance of
this system has gradually grown by a considerable amount. The role of the Patent Office is
to deal with the development in the entire industrial sphere through its system for industrial
property rights, including examinations, trials, and designing of plans for this system.
[Japanese Patent Office website] http://www.jpo.go.jp/
license:
A contract between the owner(s) of the subject
matter of the license and one or more parties that seeks the right to make, use,
sell, or import the subject mater of the license. Commonly, a license conveys
rights to patented subject matter, but it may also convey rights to tangible
subject matter that is not unpatented. Licenses are negotiated agreements that
become binding contracts when signed by the parties. In the United States, only
one owner need to sign a license if the subject matter is patented. Thus, a
patented technology co-owned by three parties can be licensed by one of the
parties without the other owners' knowledge or consent. This is not so in most
European countries, which require that all owners join in any licenses. Although
licenses generally address a standard set of legal issues, there is no standard
license or license term. The terms negotiated into licenses by the parties are
as varied as the circumstances driving the agreement. Appendix B Definitions
related to Technology Transfer, Report of the National Institutes of
Health (NIH) Working Group on Research Tools, US June 4, 1998 http://www.nih.gov/news/researchtools/appendb.htm
licensing: Contractual agreement granting permission to use intellectual property
under specific conditions. Licensing agreements, in which one company contracts to buy
technology from another company, can be much faster, easier and cheaper to arrange
than trying to challenge an intellectual property claim in court. More
important than ever these days with R&D expenses increasing faster than the
approval of new drugs. Narrower term: biopharma licensing, cross-licensing; Related terms: patent
pooling, research joint venture, technology
transfer. licensing practices: One of the goals of U.S.
patent policy is to encourage development of useful products by inventors and
those to whom inventions are licensed. However, some of the recent developments
described above have created a situation in which pursuit of the protected
information and materials by both the for- profit and not- for- profit sector
may be restricted, rather than promoted, as intended historically. Sub-optimal
use is likely to result when the patent appears to others to over-value the
invention and when the terms of use - that is, the licensing policies - are
unduly restrictive. For example, potential licensees are frequently confronted
with so-called "reach -through" provisions that would provide
royalties from any downstream commercial products to those who own property that
may now be of uncertain value and vague utility. This situation does not
encourage vigorous development of the protected discoveries. Likewise, an
inappropriate insistence on exclusive, rather than non- exclusive, licensing of
genetic sequences for diagnostic tests could slow the development of this
important application of genetic tools. [Harold
Varmus testimony, HEARING ON GENE PATENTS AND OTHER GENOMIC INVENTIONS HOUSE
JUDICIARY SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY, JULY 13, 2000 http://commdocs.house.gov/committees/judiciary/hju66043.000/hju66043_0f.htm MTA Material Transfer Agreement:
A negotiated contract between the
owner of a tangible material and a party seeking the material and the right to
use the material for research purposes. The material may be either patented or
unpatented. Material transfer agreements tend to be shorter than license
agreements, and they are generally/ considered to be more informal than licenses
agreements, although both are enforceable contracts. The purpose of an MTA is to
document the transfer and outline the terms of use, including identification of
the research project, terms of confidentiality, publication, and liability. As
with licenses, there are no standard MTAs, although the academic community and
NIH developed an under used model MTA for biological materials called the
Uniform Biological Material Transfer Agreement (UBMTA). Appendix B Definitions related to Technology Transfer, Report
of the National Institutes of Health (NIH) Working Group on Research Tools, US
June 4, 1998 http://www.nih.gov/news/researchtools/appendb.htm
See also: research tools, university- industry partnerships and intellectual
property
NCRA, NCRPA: Alliances
pharmaceutical
non-obvious; novelty:
See under patents
PTO Patent and Trademark Office, US:
The PTO promotes industrial and technological progress in the United States and strengthens the national
economy by: Administering the laws relating to patents and trademarks. Advising the Secretary of Commerce, the President of the United States, and the administration on patent, trademark, and copyright protection. Advising the Secretary of Commerce, the President of the United States, and the Administration on the
trade- related aspects of intellectual property.
http://www.uspto.gov/
patent:
A document issued [in the United States] by the
Department of Commerce Patent and Trademark Office (PTO) under authority of the
United States Constitution and other laws and implementing regulations. A patent
contains a narrative description of the subject matter covered by the patent
called the specification. It also contains one or more claims
that describe the subject matter covered by the patent in highly technical and
specific terms, much as the metes and bounds of a survey might exactly describe
and identify the land conveyed by a deed. A patent represents the right to
exclude others from making, using, or selling the subject matter described by
the claims of the patent. Virtually every country in the world provides its
government with the right to issue patents in order to allow patent owners to
exclude others from using the patented subject matter within its borders. In the
United States, only the person or people who invent the subject matter have the
right to obtain a patent. However, it is commonplace for employers to require
employee- inventors to assign to the employer the right to seek the patent, and
therefore the ownership of the patent. Appendix B Definitions related to
Technology Transfer, Report of the National Institutes of Health (NIH)
Working Group on Research Tools, US June 4, 1998 http://www.nih.gov/news/researchtools/appendb.htm
A patent application is judged on four
criteria. The invention must be "useful" in a practical sense (the
inventor must identify some useful purpose for it), "novel"
(i.e., not known or used before the filing), and "nonobvious"
(i.e., not an improvement easily made by someone trained in the relevant area).
The invention also must be described in sufficient detail to enable one skilled
in the field to use it for the stated purpose (sometimes called the "enablement"
criterion). http://www.ornl.gov/hgmis/elsi/patents.html
Related terms: intellectual property;
Narrower terms: EST patents, genomic patents, international patents, patent portfolio, patent system,
provisional patent applications, SNP patents, stealth patents, submarine patents, utility
patents Google
Patents http://www.google.com/patents patent acquisition:
Securing intellectual property rights by means of
patents.
patent citation: SEE under patinformatics analysis
patent
cliff:
A colloquialism to denote the
potential sharp decline in revenues upon patent expiry of one or more leading
products of a firm.
http://www.investopedia.com/terms/p/patent-cliff.asp#ixzz2Esh3BTKi “Investors
are increasingly willing to accept that pharma companies can navigate the patent
cliff through factors including growth in emerging markets, cost management,
diversification and in some cases new drug launches,” said Deutsche Bank
analyst Mark Clark “ Big
pharma approaching bottom of patent cliff,, Nature Blog Oct 2012 http://blogs.nature.com/news/2012/10/big-pharma-approaching-bottom-of-patent-cliff.html
patent pooling:
A patent pool is an agreement between two or more
patent owners to license one or more of their patents to one another or third
parties. A patent pool allows interested parties to gather all the
necessary tools to practice a certain technology in one place, e.g,
"one- stop shopping," rather than obtaining licenses from each patent
owner individually. US Patent and Trademark Office "USPTO issues white
paper on patent pooling" Jan. 19, 2001 http://www.uspto.gov/web/offices/com/speeches/01-06.htm
Patent pools: A
solution to the problem of access in biotechnology patents?, Jeanne Clark et al,
USPTO, 2000 http://www.uspto.gov/web/offices/pac/dapp/opla/patentpool.pdf patent portfolio:
Patents owned and applied for. Refers to owned
intellectual property, does not include licensing arrangements. patent stacking:
Taking out many patents for different aspects of a single innovation, thus forcing several royalty applications and payments.
Aaron Cosbey , Sustainable Development Effects of the WTO TRIPS Agreement: A
Focus on Developing Countries, International Institute for Sustainable
Development, Canada, 2000 Related term: royalty stacking
Google = about 967 Mar
1, 2007
patent system: The [patent system] has changed from focusing
on conventional drugs to being a system that also encompasses patents on
biological molecules containing genetic information. . Many thousands of
patents with claims to human DNA sequences have been filed and granted,
and few have as yet been subject to legal challenge. The many patents include
claims for genomic DNA sequences, complementary
DNAs, individual mutations,
expressed sequence tags (ESTs) and single nucleotide polymorphisms
(SNPs) Martin Bobrow, Sandy Thomas "Patents in a genetic age" Nature 409:763-764,
15 Feb. 2001 Related terms: international patents, EPO European Patent Office, JPO
Japanese Patent Office, PTO Patent and Trademark Office (US) WIPO World
Intellectual Property Office
patent thicket:
An overlapping set
of patent rights requiring those seeking to commercialize new technology obtain
licensees from multiple patentees. Navigating the patent
thicket, Carl Shapiro, Univ. of California, Berkeley, Mar. 2001 http://faculty.haas.berkeley.edu/shapiro/thicket.pdf
Google = about 25,400
Mar 1, 2007, about 11,300 April 9, 2009
patinformatics: Describes the science of analyzing patent information to discover relationships and trends that would be difficult to see when working with patent documents on a one-on-one basis. The term encompasses all forms of analyzing patent information, including the following:
Patent intelligence — The use of patent information to identify the technical capabilities of an organization and the use of that intelligence to develop a strategy for strategic technical planning;
Patent mapping — Sometimes described as white space mapping, which uses published patent data to create a graphical or physical representation of the relevant art pertaining to a particular subject area or novel invention;
Patent citation analysis — the study of patent citations for potentially determining a patent's value or, perhaps more reliably, the identification of potential licensing partners or leads based on the citation of an organization's patents by another company in the same or a completely different market space
Patinformatics can also cover additional applications of patent information involving a subsequent analysis step.
Anthony Trippe, Patinformatics: Identifying Haystacks from Space, Searcher
10(2): Oct. 2002 http://www.infotoday.com/searcher/oct02/trippe.htm
pre-competitive:
Biopharmaceutical Research
prior art:
Definition and relationship to patents, Wikipedia http://en.wikipedia.org/wiki/Prior_art
provisional patent applications:
Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has
offered inventors the option of filing a provisional application for patent
which was designed to provide a lower- cost first patent filing in the United
States and to give U.S. applicants parity with foreign applicants under the GATT
Uruguay Round Agreements. US PTO, "Provisional Application for Patent,
Nov. 29, 2000 http://www.uspto.gov/web/offices/pac/provapp.htm
A provisional application for patent is a U.
S. national application for patent filed in the USPTO under 35 U.S.C. §111(b).
It allows filing without a formal patent claim, oath or declaration, or any
information disclosure (prior art) statement. It provides the means to establish
an early effective filing date in a non- provisional patent application filed
under 35 U.S.C. §111(a) and automatically becomes abandoned after one year. It
also allows the term "Patent Pending" to be applied. USPTO Glossary reach through
provisions: MTAs do not usually
require financial payments at the time of the transfer, but many MTAs allow the
provider to either own, or license exclusively, or obtain payments upon the sale
of, developments that the recipient makes with the provider's materials. These
are loosely called "reach- through" provisions, and are
considered by many providers to be desirable because they allow the provider to
obtain rights in subject matter that the provider would not otherwise have
rights to through its ownership or patent coverage of the material alone. Reach-
through provisions are considered undesirable by many recipients because they
burden all the developments created after the use of the material, and because
they are seen as providing an unfairly high level of compensation to the
provider for use of the material. Appendix B Definitions related to Technology
Transfer, Report of the National Institutes of Health (NIH) Working Group on
Research Tools, US June 4, 1998 http://www.nih.gov/news/researchtools/appendb.htm
Related term: Material Transfer Agreement MTA Patentability
of reach through claims, US PTO, Jose G. Dees,
Supervisory Patent Examiner http://www.uspto.gov/web/patents/biochempharm/documents/patreachclaim.pps Related term: Material
Transfer Agreement MTA royalty stacking:
The concept of royalty stacking arises from the risk that
multiple patents may affect a single product. Such a risk is said to be
particularly high in the biotech field which is dominated by patent filings. …Royalty
stacking arises when, in order to take a product to market, the developer of the
product takes licences from all of the owners of the patents which affect the
final product. When the royalty payments are added together, the licensee may
find itself with a non-profitable product. Hence it has become quite usual for
licensees to insist on including anti-stacking provisions in licence agreements.
Vicky Clark Pitfalls in drafting royalty provisions in patent licences,
Pharmalicensing, 2004 . http://pharmalicensing.com/articles/disp/1087832097_40d70021d738c
Results from situations such as the development
of a particular drug which could involve licensing
array technology
from one company, high- throughput screening from another,
a gene product that was discovered by virtue of a patented
SNP from a third, and a small molecule drug candidate that came from a
combinatorial target library generated in
partnership with a fourth. Each could
call for the technology supplier to earn royalty payments on the ultimate
drug. Related term: patent stacking Google =
about 12,800 Mar 1, 2007
SNP Patents: In April 1999, ten large pharmaceutical companies and the U.K.
Wellcome Trust philanthropy announced the establishment of a
non- profit foundation to find and map 300,000 common SNPs. Their goal is to generate a widely accepted,
high- quality, extensive, publicly available map using SNPs as markers evenly distributed throughout the
human genome. The consortium plans to patent all the SNPs found, but they will not enforce the patents. This will be done only as a measure to prevent others from patenting the same information.
Resources for Genetics
and patents, Human Genome Project, Oak Ridge National Lab, US, 2002 http://www.ornl.gov/hgmis/elsi/patents.html Google =
about 75 Mar 1, 2007, about 157 April 9, 2009 safe harbor: See under patent infringement
stealth patents:
Beware of submarine- stealth genetic patents, they can be
deadly for scientific research. That was the consensus of genetic patent experts
Monday at CHI's Genome
Tri-Conference The biggest enemy of scientific
progress, the experts said, are so- called "stealth" patents -- those
which are filed on genes that researchers have located, but haven't discovered
their function. They sit on the patent, sometimes for long periods of time,
during which no research is done. In January [2001], the U.S.
Patent and Trademark Office finalized guidelines
forbidding stealth patenting, but finding these patents will be a long process.
Kristen Philipkowski "New Quest: Mapping Gene Patents" Wired, Mar 6,
2001 http://www.wired.com/news/technology/0,1282,42214,00.html
Patents filed on genes which have been discovered but
have unknown function(s). Also known as submarine patents. Google =
about 78 Mar 1, 2007, about 221 April 9, 2009
submarine patents:
Wikipedia http://en.wikipedia.org/wiki/Submarine_patent Google =
about 27,000 Mar 1, 2007; about 20,600 April 9, 2009
technology transfer:
There is no widely accepted definition of
technology transfer, but, generally speaking, technology transfer is the
sharing of knowledge and facilities among: Federal laboratories, Industry,
Universities, Federal, state, and local governments , Third party
intermediaries. The concept of technology transfer as a practical matter becomes
clearer when one understands what technology transfer is designed to accomplish.
For instance, the purpose of a federal technology transfer program is to make
federally generated scientific and technological developments accessible to
private industry and state and local governments. These users are then
encouraged to develop the technology further into new products, processes,
materials, or services that will enhance our nation's industrial competitiveness
or otherwise improve our quality of life. What is Technology Transfer? National
Technology Transfer Center, Wheeling College Inc. 1996 http://www.nttc.edu/products/guide/seca01.html
Can cover a wide spectrum of activities,
from informal exchanges of ideas between visiting researchers to contractually
structured research collaboration involving the joint use of facilities
and equipment. Only since the late 1980s, however, has technology transfer
become an important mission component of most Federal labs. Some
agencies, however, have long shared their research with the private sector
(e.g., USDA’s Agricultural Research Experiment Stations and NASA’s civilian
aeronautics programs), and several laws passed in the early 1980s encouraged
such sharing — notably, the Stevenson- Wydler Technology Innovation Act
of 1980. National Science Foundation Science and Engineering
Indicators, 2000 http://www.nsf.gov/sbe/srs/seind00/access/toc.htm#chapter2 termination of agreement:
Implications for participants? Anticipated
conclusion in some instances?
university-industry partnerships and intellectual
property: The protection of intellectual property has been one of the most challenging issues in the recent proliferation of
university- industry- government partnerships - largely because costs and benefits associated with protection of intellectual property are distributed unevenly among different sectors. Even though different sectors might share the general goal of providing useful innovations to society, there are vast differences in how people can contribute to this goal.
Intellectual Property Rights and Research Tools in Molecular Biology, Summary
of a Workshop Held at the National Academy of Sciences, Feb. 15-16, 1996,
National Academy Press, 1997 http://www.nap.edu/readingroom/books/property/6.html#chap6 utility
guidelines [Jan.2001]:
The utility Guidelines are applicable to all areas of
technology. However, they are particularly relevant in areas of emerging
technologies, such as gene- related technologies, where uses for new materials
that have not been fully characterized are not readily apparent. Press
release, USPTO PUBLISHES FINAL GUIDELINES FOR DETERMINING UTILITY OF GENE-
RELATED INVENTIONS, Jan. 4, 2001 http://www.uspto.gov/web/offices/com/speeches/01-01.htm utility patents: May
be granted to anyone who invents or discovers any new, useful, and nonobvious
process, machine, article of manufacture, or composition of matter, or any new
and useful improvement thereof. USPTO Glossary
W3C patent policy:
Working Draft http://www.w3.org/TR/patent-policy/
WIPO World Intellectual Property Organization:
One of the 16 specialized agencies of the United
Nations system of organizations. It administers 21 international treaties dealing with different aspects of
intellectual property protection. The Organization counts 175 nations as member states.
http://www.wipo.org/
An intergovernmental organization of the
United Nations system. WIPO is responsible for the promotion of the protection
of intellectual property throughout the world and for the administration of
various multilateral treaties dealing with the legal and administrative aspects
of intellectual property. USPTO Glossary
white space mapping: SEE under patinformatics
Bibliography There are a number of other legal dictionaries online (at least seven in Onelook http://www.onelook.com
Alpha
biopharmaceutical glossary index
How
to look for other unfamiliar biopharmaceutical terms
IUPAC definitions are reprinted with the permission of
the International Union of Pure and Applied Chemistry.
Evolving terminology for emerging technologies
Suggestions? Comments? Questions? Mary Chitty mchitty@healthtech.com
Last revised December 12, 2012
![]()
Applications Molecular
Medicine, Drug
discovery & development Informatics Research
Informatics
overview Technologies
overview
blocking patents:
Around the block, Y Philip Zhang, Nature Biotechnology 28(12) Dec 2010
1239 http://www.nature.com/bioent/2010/101001/full/bioe.2010.10.html
cDNA patents: See EST patents. Google = about 11, Sept, 18, 2002;
about 62 Mar 1, 2007, about 216 April 9, 2009
Broader term: licensing
Related term: technology transfer
Oversight Hearing on Gene Patents and
other genomic inventions, SUBCOMMITTEE ON COURTS AND INTELLECTUAL
PROPERTY, COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, July 13,
2000 http://commdocs.house.gov/committees/judiciary/hju66043.000/hju66043_0f.htm
Resources for Genetics
and patents, Human Genome Project, Oak Ridge National Lab, US http://www.ornl.gov/hgmis/elsi/patents.html
IP Mall, Franklin Pierce Law Center, US http://www.ipmall.info/
Related terms: patent, patent stacking, patent system, royalty stacking, stealth patents,
submarine patents
Patent FAQs, USPTO, 2002. http://www.uspto.gov/web/menu/helpfaq.htm
Patents full-text & patent
applications, US Patent & Trademark Office, US http://www.uspto.gov/patft/
Patents Biomarker Breakthroughs http://www.biomarkerbreakthroughs.com/category/66/patents/
patent mapping: SEE under patinformatics
Wikipedia "patent
pools" http://en.wikipedia.org/wiki/Patent_pool
Google = about 25,900
Mar 1, 2007
Wikipedia http://en.wikipedia.org/wiki/Patent_portfolio
Google
= about 749,000 Mar 1, 2007
NIH Office Of
Technology Transfer http://ott.od.nih.gov/
Utility Examination Guidelines, Federal
Register 66 (4): 1092- 1099, January 5, 2001 Notices http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf
Related term: gene patents
American Intellectual Property Law Association,
Glossary of Patent Terms http://www.pspcentral.org/glossary/show_glossary.cfm?ID=35
Google Patents http://www.google.com/patents
Try the advanced format http://www.google.com/advanced_patent_search
National
Academy of Sciences, Technology, Science and Economic Policy Board, Workshop on
Exploring Patent and Licensing Policy for Proteomics, June 2004 http://www7.nationalacademies.org/step/Proteomics_June_transcript.pdf
USPTO Glossary, US Patent and Trademark
Office, 200 + definitions. http://www.uspto.gov/main/glossary/index.html#a