Patenting Biotechnical Innovation

Patenting Biotechnical Innovation
Author: Hawkins, Naomi
Publisher: Edward Elgar Publishing
Total Pages: 224
Release: 2022-07-08
Genre: Law
ISBN: 1800884419

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This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.

Imitation to Innovation in China

Imitation to Innovation in China
Author: Yahong Li
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2010
Genre: Biotechnology
ISBN: 9781848442061

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Following decades in which China's approach to technology has been to imitate, the country is now transforming itself to become innovation-oriented. This pioneering study examines whether patents play a similar role in promoting innovation in China as they do in the West, exploring the interplay between patents and China's biotechnology and pharmaceutical industries in particular.

Biotechnological Inventions and Patentability of Life

Biotechnological Inventions and Patentability of Life
Author: Andrea Stazi
Publisher: Edward Elgar Publishing
Total Pages: 335
Release: 2015-05-29
Genre: Business & Economics
ISBN: 1784715905

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In todayês technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inve

Intellectual Property and Health Technologies

Intellectual Property and Health Technologies
Author: Joanna T. Brougher
Publisher: Springer Science & Business Media
Total Pages: 223
Release: 2013-11-08
Genre: Medical
ISBN: 146148202X

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Intellectual Property and Health Technologies Balancing Innovation and the Public's Health Joanna T. Brougher, Esq., MPH At first glance, ownership of intellectual property seems straightforward: the control over an invention or idea. But with the recent explosion of new scientific discoveries poised to transform public health and healthcare systems, costly and lengthy patent disputes threaten both to undermine the attempts to develop new medical technologies and to keep potentially life-saving treatments from patients who need them. Intellectual Property and Health Technologies grounds readers in patent law and explores how scientific research and enterprise are evolving in response. Geared specifically to the medical disciplines, it differentiates among forms of legal protection for inventors such as copyrights and patents, explains their limits, and argues for balance between competing forces of exclusivity and availability. Chapters delve into the major legal controversies concerning medical and biotechnologies in terms of pricing, markets, and especially the tension between innovation and access, including: The patent-eligibility of genes The patent-eligibility of medical process patents The rights and roles of universities and inventors The balancing of access, innovation, and profit in drug development The tension between biologics, small-molecule drugs, and their generic counterparts International patent law and access to medicine in the developing world As these issues continue to shape and define the debate, Intellectual Property and Health Technologies enables professionals and graduate students in public health, health policy, healthcare administration, and medicine to understand patent law and how it affects the development of medical technology and the delivery of medicine.

Sources of Biopharmaceutical Innovation: An Assessment of Intellectual Property

Sources of Biopharmaceutical Innovation: An Assessment of Intellectual Property
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 14
Release: 2015
Genre: Law
ISBN:

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An analysis of new, FDA-approved molecular entities reveals dynamism in terms of new innovation. An assessment of the first patent for each drug reveals that the pharmaceutical industry, particularly large, established companies in North America, tend to dominate the field. Whereas inventors continue to found biotechnology companies at a steady rate, recent trends suggest these inventors more often come from the private sector.

Biotechnology and the Patent System

Biotechnology and the Patent System
Author: Claude E. Barfield
Publisher: A E I Press
Total Pages: 116
Release: 2007
Genre: Law
ISBN: 9780844742564

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American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.

Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy
Author: National Research Council
Publisher: National Academies Press
Total Pages: 352
Release: 2003-08-11
Genre: Political Science
ISBN: 0309167183

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This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Biotechnology, Patents and Human Rights in Europe

Biotechnology, Patents and Human Rights in Europe
Author: Helena Żakowska-Henzler
Publisher: Edward Elgar Publishing
Total Pages: 267
Release: 2023-07-01
Genre: Political Science
ISBN: 1803920262

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This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.

Patenting Life Forms : Law and Practice

Patenting Life Forms : Law and Practice
Author: Nijar, Gurdial Singh
Publisher: The University of Malaya Press
Total Pages: 91
Release:
Genre: Fiction
ISBN: 9831009436

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The advent of modern biotechnology has seen the proliferation of the use of life forms for the creation of products. In tandem with this development, patent over life forms have grown proportionately as the biotechnology industry seeks to protect its investment. This has spawned a debate about the propriety of patenting life forms. This book explores the issues surrounding such patenting. There is a need to identify the reasons for the growth of such patenting, the issues raised, the concerns dealing with such patenting and the way in which countries, especially leading patent countries have sought to resolve the competing views.

Patents as an Incentive for Innovation

Patents as an Incentive for Innovation
Author: Rafal Sikorski
Publisher: Kluwer Law International B.V.
Total Pages: 474
Release: 2021-02-16
Genre: Law
ISBN: 9403524146

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Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.