Transcript What is a patent - CBS

Intellectual property Rights in
Immunological Bioinformatics
Ole Lund,
CBS, BioCentrum,
DTU
What is a patent
Right to
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prohibit others from using the invention
commercially
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Monopoly on
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Sales
– Use
– Import
– Possession
In 20 years from the day of application,
In the countries where you applied
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Why patents

Encourage companies not to keep their inventions
secret
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Give them 20 year monopoly on using invention in return of
making it publicly available
The earliest known English patent for invention was
granted by Henry VI to Flemish-born John of Utynam
in 1449. The patent gave John a 20-year monopoly
for a method of making stained glass, required for
the windows of Eton College, that had not been
previously known in England.
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Disclosure

A patent must
–
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Enable one skilled in the art to reproduce
invention
Disclose best way of carrying out the invention
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What can be patented

The invention must be
–
–
–
Novel
Unobvious (in DK: have opfindelseshøjde)
Useful
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Not ideas, equations, algorithms
Application of ideas
Software – if it is related to a technical problem
Use of sequences – must specify application
Business methods are patentable in the US
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Novelty

Must not have been published by anybody
anywhere in the world
–
–
–
–
Journals
Patents
Patent applications
Talks
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Non-obvious

Not obvious for one skilled in the art – not
only for you
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Alternatives to patents

Keep It secret
–
Pros

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Cons


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May last for more than 20 years
Others may patent your invention – then they can
Stop/charge you doing what you do (Freedom to
operate)
Trademark
Copyright
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Need for patents
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A novel drug cost on the average $500
million to develop
Monopoly is needed in order to get the
money back
Important for start up companies in order to
get investors
Freedom to operate
License fees
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Ethical aspects of patents


Poor countries can not pay the price for new
medicine
Solutions?
–
Don’t issue patents

–
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Nobody will develop drugs
Sell drugs at cheaper price in poor countries
Allow them produce/import copy products

Import to rich countries?
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