This study presents the main features of patent law in the European Union, the United States and China, with a special focus on patentability. Each patent regime is reviewed in its historical ...context, exploring the stages leading to the given jurisdiction's contemporary patent law. After mapping the differences and similarities of patent law in the EU, the US and China, possible reasons for the detected divergence and convergence will be explored. This study reveals that the differences in codified patent law between the EU, the US, and China are for the most part a matter of nuance and much of the convergence stems from international harmonization efforts and common historical roots as well as external pressure to convergence in patent law for mainly economic reasons. Whereas patent laws in the EU and US are more established, China's patent law has been moulded into its contemporary form only recently. Differences across the chosen jurisdictions are explained not only by cultural factors but also by underlying theoretical differences in patent doctrine and differing aims of patent protection, as well as the divide concerning the role of statutory law and case law between the common law and Romano-Germanic law.
Hoy en dia, los avances tecnologicos e innovadores contribuyen significativamente al progreso de las sociedades, empresas y Estados. Sin embargo, las solicitudes de patentes que se dan a raiz de las ...invenciones en materia de biotecnologia pueden ser objeto de rechazo por las oficinas de patentes, debido a que su explotacion comercial puede ser contraria al orden publico, la moral y las buenas costumbres. Mediante el presente escrito, se realiza un estudio de la excepcion de patentabilidad del orden publico y moral en relacion con la tecnologia de edicion genetica CRISPR-Cas9 a traves del estudio comparado de las legislaciones de Estados Unidos, la Union Europea y de Colombia. Adicionalmente, se analiza el otorgamiento parcial de la patente CRISPR-Cas9, donde la Superintendencia de Industria y Comercio de Colombia solicito modificar el alcance de las reivindicaciones con el fin de conceder la patente, por considerar que la explotacion comercial de la invencion vulnera el orden publico y moral. Finalmente, se menciona brevemente la relacion de COVID-19 con dicha tecnica de edicion genetica.
As per the Patents Act, 1970 one of the patentability criteria is 'the invention should have industrial application'. The patents' rights conferred to the patentee are merely not to enjoy the ...monopoly over the invention, but the patentee has to ensure the use of technology for the societal and economic benefit of the country. Once the patent is granted, the patentee has to ensure the working of the patent in India on a commercial scale. In return, the patentee gets his due amount for his hard work and efforts rendered for the intellectual creativity. Current paper focuses on the working/non-working profile of the patents granted to Indian Higher Education Institutes (HEIs) and National Research Labs (NRLs) in the country from January 2010 to December 2017. The data has been procured from the prescribed 'Form-27' by the Indian Patent Office, which the patentee is required to file every year before the end of financial year, post grant of the patent. The research depicts in how many patentees submitted requisite 'Form-27', and in how many cases patents granted, worked or didn't work. Moreover, various reasons cited for the non-working of the patents have also been identified. The issues being encountered with by the patentees have been identified and measures thereof required to be taken, at the individual level, institutional level and government level, have also been suggested.
A detailed overview of the patent system Kodilkar, Archana D.
International journal of basic and clinical pharmacology,
11/2022, Volume:
11, Issue:
6
Journal Article
The roots of today’s solid patent system are from the ancient trade system, the introduction, and the evolvement of different intellectual properties. Various international legislations, ...collaborations, and treaties, as well as the introduction of various acts, rules, and amendments, are responsible for the management and growth of the recent patent system. Novelty, utility, and non-obviousness are the basic patentability criteria. The Indian patent act also defines things that are not inventions under section 3 of the Indian patent act as “statutory subject matter”. The patent system working is described under patent prosecution (filing, publication, examination, opposition) sequentially. “Patent co-operation treaty” (PCT) introduced by the “World intellectual property organization” provides a most effective and economical way of patent application in multiple countries through a single filed application. A general overview of a patent application, drafting of claims, patent analysis, invalidation of patents, Infringement of patents, non-infringing activities, prosecution history estoppel, and remedies under the jurisdiction, are also described hereunder. At present, the number of patent applications filed in India is continuously increasing. Indian patent office is becoming one of the designated search authorities under the PCT. General awareness about patents and intellectual property in all sectors can be improved further.
Siebrasse discusses the concept of the utility doctrine and its potential application in controlling claim scope in patent law. He argues that the reliance on enablement doctrine in current US law is ...unsatisfactory and proposes that the utility doctrine, which is used in Canadian and European law, could be repurposed to address this issue. The utility doctrine requires the patentee to establish that a reasonable prediction can be made at the time of filing that the invention will work across the full scope of the claim. He also presents a hypothetical scenario to illustrate the tension between the current US approach and the utility-based approach. Furthermore, he argues that adopting a utility-based approach in US law could help resolve the difficulties in determining claim scope and prevent overbroad claims.
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the ...infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric,Patent Failureprovides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective.
Patent Failurepresents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries,Patent Failureserves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
El Real Decreto 316/2017, de 31 de marzo, por el que se aprueba el Reglamento para la ejecución de la Ley 24/2015 de 24 de julio de Patentes y que entró en vigor el 1 de abril de 2017 (de aquí en ...adelante el ?Reglamento?), supone el desarrollo de las novedades más significativas de un sistema que cambia de una manera importante y cuyo objetivo fundamental es el de establecer un sistema de concesión de patentes fuertes. Para conseguir este objetivo se ha pretendido mejorar la claridad normativa, flexibilizar y agilizar los procedimientos de solicitud, oposición y concesión de las patentes, así como, entre otras novedades, adaptar y modernizar la representación profesional ante la Oficina Española de Patentes y Marcas (cuestión ampliamente debatida hasta el momento).
The article looks at how jurisprudence has evolved in Indian courts on granting or refusing injunctions to patentees, especially when such patentees are not working/commercially using their patented ...product in India. The author also presents his views on the recent Eisai v. Dr Reddys case.
Three-dimensional printing (3D printing) or “additive manufacturing” first came to prominence in the field of engineering, in particular in the transport sector where the value of its fast and ...accurate prototyping and manufacture of spare parts was quickly recognised. However, over the last ten years, this revolutionary technology has disrupted established manufacture in an increasingly diverse range of technical areas. Perhaps the most unexpected of these is pharmaceuticals – not merely the manufacture of products such as surgically inserted implants, but also of dosage formulations themselves – now available in all manner of printed delivery forms and vehicles and showing promising control of release properties though 3D printing process choices.
This review will provide an overview of how 3D printing technology has developed and expanded across technological boundaries during the past decade, with a closer look at the current opportunities and barriers to its widespread adoption, particularly in the medical and pharmaceutical sectors. Special attention has been paid to patents as a boost and barrier to the expansion of 3D printing in the medical and pharmaceutical sector, with a focus on the patent literature.
