Transcript "If there is something to be stolen, I steal it"-

CHM 490 / 585
Patents
1
"If there is something
to be stolen, I steal it"-Pablo Picasso
2
Patents
• A contract with the government where in
exchange for disclosing an invention to the
public, the inventor is given exclusive rights
for a period of 20 years from date of filing.
3
Hatch-Waxman
• Because a drug patent (like other patents)
expires in 20 years and typically 12 – 15
years are spent in the approval process, the
patent life of a drug can be extended for a
period of time not to exceed 5 additional
years.
• Extended ½ day for each day the drug is in
clinical trials
4
Patents
• In the U.S., the first to invent is given the
patent rights.
• This means proper use of a notebook and
other documentation sometimes is critical
for proving “ first to invent”
5
Bars to Patents
• If the invention is publicly disclosed more
than 1 year prior to filing, it may prevent
obtaining a patent.
• Examples of public disclosure include
journal articles, trade show exhibits, sale or
offer to sell.
6
3 Types of Patents
• Plant ( botanical)
• Design
• Utility
• Chemical patents are utility patents. May
claim a chemical composition, a process, a
combination, a method, etcetera
7
Patentability
• Must be new
• Must be non obvious to one skilled in the
art
• Must be useful
8
$
• PPD acquired Eli Lilly patents for
dapoxetine, a compound under development
for genitourinary disorders for $65 million
C&E News Jan 5, 2004
9
$
• Eastman Kodak Co. ordered to pay
judgment of $873,158,971 for infringing
Polaroid instant photography patents
(1991).
• "Roche unit ordered to pay Igen $505
million for patent violations; $400 million
was punitive damages, $105 million
compensatory. Igen also gained rights to a
Roche diagnostic product line. ", Wall Street
Journal, 11 Jan. 2002, B6
10
$
• John Osher and three colleagues in 1999
invent a $5 electric toothbrush. In 2001,
they sell the rights to P&G for $165 million
upfront, plus future payments. In 2002, they
settle for a final additional payment of
$310,000,000.
Business Week, 12 Aug 2002, 58
11
Patents
• Are a good way to understand what research
a company is doing since most major
companies patent their important results.
• Patent searches are readily done
http://www.uspto.gov/patft/index.html
12
Can Search
http://www.uspto.gov/patft/index.html
• By inventor (20 Einstein patents since 1976)
• By city (894 patents with Wilmington as inventor
city and NC as inventor state)
• By assignee (> 7,800 to Corning)
• By topic (699 patents from 1976- 2003 that have
“chiral” in the title)
13
Patents
•
•
•
•
Provide “best methods”
Synopsis of “the art”
References
Typically give experimental details
14
Homework
(due by next class)
• Read a recent patent by a chemical company that
has a name beginning with the first letter of your
last name (WXY use 2nd letter)
• Email me and attach 1 page word document with:
– The patent number
– The name of the company
– Brief synopsis of the technology ( a paragraph)
• http://www.chem.com/directory/
15