Presentation on theme: "Intellectual Property Rights (IPR)"— Presentation transcript:
1 Intellectual Property Rights (IPR) Hampus RystedtM. Sc. Molecular Biotechnology, Patent attorneyBRANN AB
2 Intellectual Property CopyrightNo registrationCost freeProtects literary works, works of art, computer programsProtection: 70 years from the death of the creatorIndustrial propertyPatents, trademarks, design, plant variety protectionRequires registrationAnnuity feesProtects industrial products and methodsLimited in time (patents, designs, PVPs) or unlimited (trademarks)
3 Brief history ~500 AD: Trade marks for sewing needles in China 567: First copyright case (western world)15th cent.: Systems resembling patents in Great Britain and Italian city states1787: Design protection for linnen prints, duration two months: Great Britain creates a Trademark Act and the first Trademark Register1883: Paris Convention for the protection of Industrial Property1970: Patent Cooperation Treaty1994: TRIPs
4 Industrial property rights Maximum durationProtectsRightsPatent20 (25) yrsTechnical solutionCommercial useTrademarksn x 10 yrsName or characteristics of goodsDesign5 x 5 yrsPlant Variety Protection25 (30) yrsPlant variety
5 What is a patent?Time limited right to stop others from commercially using my inventionCan be considered as a contract between the inventor and the societyThe inventor gets a monopoly, andThe society gets to publish the inventionInventors are encouraged to publish their invention => the technology is disclosed to the public
6 Criteria for patentability NoveltyInternational novelty (U.S. has 1 yr grace period)Objective criterionInventive step”Not obvious in view of the prior art”Subjective criterionIndustrial applicability”Made or used in any kind of industry”Seldom questioned
7 Exceptions to patentability Methods for medical treatment or diagnosis practised on the human bodyWhat is only:A discoveryA computer programGames, methods for doing business, et c.Plant and animal varieties (plants and animals are patentable, however)Inventions, the commercial use of which would be contrary to morality or ordre public
8 Ethical exceptions, Patents Act 1 a § The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.
9 Ethical exceptions, Patents Act 1 b § Inventions shall be considered unpatentable where their commercial exploitation would be contrary to ordre public or morality.the following, in particular, shall be considered unpatentable:(a) processes for cloning human beings;(b) processes for modifying the germ line genetic identity of human beings;(c) uses of human embryos for industrial or commercial purposes;(d) processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.uttnyttjande skall dock inte betraktas som stridande mot allmän ordning eller goda seder endast på den grund att det är förbjudet genom en bestämmelse i lag eller annan författning.
10 Medical special provisions First medical indication:A previously known chemical compound may be patented for use as a pharmaceuticalSecond medical indication:A previously known pharmaceutical can be patented for a new indication
11 The exclusive right A right to prevent others from Manufacturing the inventionSelling, or offering to sell, the inventionImporting the inventionExceptionsNon-commercial practisingResearch on the invention as suchClinical trials with protected reference medicinal productPrior use rightsEx tempore manufacturing of pharmaceuticals
12 Supplementary Protection Certificates Extension of time of protection if the procedure for marketing approval of a patent protected pharmaceutical takes more than five years.Maximum extra time of protection is five years.
13 Patents are national rights Patents must, in principle, be applied for in each individual country where protection is sought.A local attorney needs to be appointed in each country and the patent application must be translated into the national language.
14 Conventions and treaties PC, Paris Convention, is the basis for modern patent law internationally. Gives the possibility to claim priority. Establishes the principle of reciprocity.PCT, Patent Cooperation Treaty, facilitates coordinated international search and examination. Postponement of national phase.TRIPs, seeks to harmonise patent laws within the WTO.EPC, European Patent Convention, centralised search, examination and grant of European patent applications.
15 Time line Approximated costs (Euro) InternationalapplicationFiling of arguments(optional)Search report andExamination Opinion15 mthsPreliminary Reporton Patentability27 mthsFiling at t=0 mthsFiling of arguments12 mths18 mthsPublicationSearch and examination report PRV, 6-7 mthsAllowance/refusalx mthsPoss. opposition< x+9 mthsOptionally: Novelty searchNational applicationApproximated costs (Euro)
16 Structure of a patent application DescriptionClaimsAbstract(Drawings)(Sequence listing)
17 Description Must be sufficiently detailed to allow the person skilled in the art to work the invention in the entire claimed scope, andshow that the inventor was in possession of the invention at the time of filingShould compriseTechnical field of the inventionBackground/prior art/known technologySummary of the inventionBrief description of the drawingsDetailed description of the inventionExamples/experiments
18 Claims The claims define the extent of protection Thus, it is important that the claims define the inventionMay be directed to products, methods or uses (use-claims not accepted in the U.S.)The claims are interpreted in the light of the description (and file prosecution history in the U.S.)
19 Claim structurePharmaceutical composition comprising an analgesic, a central stimulant and optionally pharmaceutically acceptable carriers and/or excipients.Composition according to claim 1, wherein the analgesic is acetyl salicylic acid.Composition according to claim 1 or 2, wherein the central stimulant is caffeine.
20 Amendments during prosecution No substantial amendments may be done after the application has been filedData supporting the application may usually be filed, but does not become part of the application
23 Strategy aspectsA patent is a considerable investment in time and money.It givesA right to stop others from using the invention for free, butNo right to practice the inventionHow can you earn money from this?Market exclusivity(cross-) licensing the patent rightsSelling the patent rightsValue of patent determined by value of marketMarket exclusivity: Where do you need it geographically