BTB: Patent Online
What biological substances can be patented if no isolated?
- adrenaline - insulin - vitamin B12 - genes
What are examples of things we patent?
- chemical compounds - utility patent - improvement patents - diagnostic tests - biological materials
Why is it good to practice in intellectual property?
- constantly changing work - stay current with technology - job security - every business needs IP advice - great clients and upbeat work environment
What does USPTO do?
- examines application - grants patents - registers trademarks - advises many government agencies on intellectual properties - promotes industrial and technological advances
What were some responses towards Shkreli from the public?
- he is an a**hole - he is guilty - disrespectful
What are gene patents usually for?
- isolated natural sequences of genes - for purposes such as diagnostic testing - a natural sequence that has been altered by adding a promoter or other changes to make it more useful
In order to be patentable, the invention must be what?
- novel - useful - non-obvious
What are some challenges with patents?
- patent re-examination - someone can argue that your patent infringes on their own - when you don't stop one from infringing a patent, they can argue that you have forfeited your rights to protection
Describe the Bayh-Dole Act of 1980:
- they created uniform federal intellectual property policy - nonprofits and small business could receive title to inventions that were created in whole or in part with federal funding
What are some examples of possible patent issues for snickers?
- wrapper material - cold seal adhesive - ink used in coloring of the wrapper - machinery used to make snickers - software used to run the machinery
What are some day to day jobs as a patent attorney?
- writing applications - office actions/ prosecution of patent - evaluating technology - patent strategy - licensing - litigation
In copyrights, what are some expressions of ideas?
- writings - music - art works
On July 31, 1790, the first patent was signed. Who issued it, what was the issue for, and who signed it?
1. Samuel Hopkins issued it 2. it was for a process of making potash, an ingredient used in fertilizer 3. Signed by president George Washington
What are six parts of a patent?
1. abstract 2. background of the invention 3. summary of the invention 4. figures with brief descriptions 5. detailed description or "specification" 6. claims
What should you know as an inventor?
1. keep accurate and complete records of all research or concept design efforts 2. do not publicly disclose your invention until talking with a patent attorney 3. before disclosing your invention, have everyone sign a non-disclosure or confidentiality agreement 4. if invention is created within the scope of your employment, you may have to assign the rights to your employer 5. you may get a share of profits from the commercialization of your invention 6. stay away from invention promotion firms
What is patent acquisition in order?
1. prepare and file 2. examination 3. issuance 4. post-issuance challenges
What are four patent advantages?
1. right to exclude for 20 years 2. can be narrow or broad 3. patent "picket fences" 4. does not give you freedom to operate
What are three reasons you should care about a patent?
1. they demonstrate that your work is innovative 2. universities and industries share patent licensing revenue with inventors 3. patents can support the formation of start-up companies or royalties from licensing
How long does a patent last?
20 years from effective filing date
Scholarly Publication or Patent? - inventorship a matter of law - "constructive reduction to practice" encouraged - conception paramount - disclosure of ideas for as many future uses as possible strengthens the patent - results from analogous systems can result in prior art and obviousness rejections
Patent
What does USPTO stand for?
United States Patent and Trademark Office
What is the geographic scope of a patent?
United States and Foreign Patents
What is a patent?
a legal protection which gives an inventor the right to exclude others from performing certain activity in the country of issuance
What does it mean for a patent to be useful?
a very low hurdle for patent applicants
What is intellectual property?
a work or invention that is the result of creativity to which one has the rights and for which one may apply for a patent, copyright, trademark, etc.
What was the lawsuit filed against Myriad about?
alleged that the patents on two human genes associated with breast and ovarian cancer were invalid and unconstitutional
What does patent subject matter include?
anything under the sun that is made by man
Why do many people who receive infringement letters choose to pay the licensing fee no matter what?
because patent litigation is extremely expensive and can take years of court battles
What does a patent troll do?
buys patents from companies that are going under, look for organizations that "violate" their patent, and then threaten to sue them if they do not pay a licensing fee
What is a trade secrets/ what goes into them?
confidential information that has economic value; formulas, customer lists, and manufacturing processes
What was Shkreli convicted for?
defrauding investors in two hedge funds he ran and conspiring to fraudulently manipulate stock shares of Retrophin
Was patenting for whole genomes recently accepted or denied?
denied
What goes on in patent prosecution?
drafting, filing, and negotiating with the US Patent Office
True or False: a patent confers the right to use or make the invention
false; a patent grants the patentee right to exclude others from using or making the invention
True or False: if I find a new use for an old product, I can get a patent on the product
false; once a product has been patented, it cannot be patented again. however you may be able to obtain a patent on how to use the product
True or False: an infringing patent company can sell their product in the US market
false; they cannot sell their product
True or False: a patent give the inventor the right to make, use, or sell the patented invention
false; they do not have the right to do those things
What was Ariosa first believed for?
fetal blood test to determine genetic abnormalities and sex of child
Who has ownership of the patent?
inventor(s) and assignee(s)
What do federal governments support?
largest support for academic research and development funding
What does patent subject matter exclude?
laws of nature, physical phenomena, and abstract ideas
Are these obvious or less obvious public disclosures? - federal grant applications - student these and dissertations - web sites - conversation with outsiders - conference posters, abstracts - emails
less obvious
What was the discovery of Ariosa?
maternal cell-free fetal DNA is found in mother's blood stream
What does it mean for a patent to be novel?
means that the invention is new and is non-identical to the previous work of others
What does it mean for a patent to be non-obvious?
means that the invention must not be an obvious extension or combination of the previous work of others
What is the requirement for those who want to litigate?
need to be a lawyer
Can you patent: - discoveries - gravity - musical/artistic work - chemical elements
no
Are these obvious or less obvious public disclosures? - publishing in a journal or book - speaking at a conference - offer product for sale
obvious
How many patent systems does Europe have?
one
What must you do to prosecute a patent?
pass the patent bar
What was the main patent cause in the 1980's?
patent living organisms
In patents, what are examples that go into the work of inventions?
processes/methods machines/devices
In 1906, what did the patent for adrenaline state?
purified natural substances are more useful than the original natural substances
What was the main patent cause in the 1970's?
recombinant DNA patents
Scholarly Publication or Patent? - authorship somewhat negotiable - must have done the work - effort paramount - future ideas can interfere with subsequent patentability - only directly comparable results can lead to loss in priority
scholarly publication
What are trademarks?
source indicators and brand name
What did the Supreme Court rule in the Myriad case?
the claims directed towards just the genes were not patentable and that human genes are not patentable subject matter
What was Shkreli's drug used for?
to treat toxoplasmosis, a disease that can be fatal to HIV patients
True or False: US patents protects you in the US, not China, Canada, Mexico, etc.
true
True or False: anything of natural origin is not patentable
true
True or False: in the Ariosa case, claims relied on newly discovered facts about human biology and therefore was not patentable subject matter
true
True or False: to receive a patent, the invention just needs to be useful, not better
true
Can you patent: - process/method - machines - new compositions - tools
yes
