Read e-book online Biopatent Law: Patent Strategies and Patent Management PDF

By Andreas Hübel

Patents keeping biotechnological invention have gotten ever extra vital. simply because biotechnology has many transformations with admire to different applied sciences, classes discovered in different fields of expertise can't easily be transferred to undertake an appropriate method for facing biotechnology innovations.

In this quantity, normal points of biopatent legislations may be mentioned. This contains questions of patentability, together with moral matters and problems with technicality, in addition to questions of patent exhaustion in circumstances have been reproducible material, like cells or seeds, is secure. furthermore, lively and passive patent innovations are addressed. extra, perception should be given into patent lifetime administration and extra protecting measures, like supplementary security certificate and knowledge exclusivity. the following, recommendations are mentioned how industry exclusivity will be prolonged so long as attainable, that is relatively very important for biopharmaceutical medicines, which create excessive R&D costs.

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17 Decision Noelle v. S. App. LEXIS 774. EPO Technical Board decision T0542/95, 1999, EPO Board of appeal decisions database No T0542/95. 19 Hüttermann and Storz (2010). 4 Combination Products Very often, it turns out that a new combination of two or more pharmaceutical components may have a synergistic effect. In such case, said combination can be made subject of a patent application, in order to monopolize said combination. , a monoclonal antibody plus a cytostatic agent. In case an innovator files a patent application related to such drug combination (which would come at a time when the monoclonal antibody is prior art already) he can block competitors from selling such combination products even in case the patents protecting the individual components have expired.

Since 2005, he has been admitted to practice as European Trademark Attorney at the European Trademark Office (OHIM). In 2006, he was registered in the list of representatives before the European Patent Office. e. Biotechnology, Biophysics, Biochemistry, microbiology). One of his major fields of interest is Antibody IP. Ulrich Storz is active as a speaker for the congress management company ‘‘Forum Institut für Management GmbH’’, and he organizes the annual Rhineland Biopatent Forum. Ulrich Storz is the series editor of SpringerBriefs in Biotech Patents.

The actual PTA is indicated on the title page of the published patent. The process is available for patents filed on, or after, May 29, 2000. The USPTO calculates PTA twice during patent prosecution using a computer algorithm, and informs the applicant accordingly. Due to the fact that a significant number of USPTO calculations bears mistakes,5 applicants should consider to have a PTA calculation reviewed, particularly in case of compound patents protecting a biopharmaceutic, where each day of additional patent lifetime may result in substantial revenues.

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