Copyright, confidential information, designs, trade marks and patents
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How can IP protection be extensive?
Patents for every aspect of product e.g. patents - compound, salts, polymorph, formulation, process, method of treatment, trademarks - device, name, logo, design rights - packaging, copyright - layout of packaging
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What is a patent?
Protects a technical invention, lasts for up to 20 years, national right, agreement between state and inventor. In return for publication in full, granted legal right to exclude others from making/selling/using invention (right to exclude)
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What is a patentability criteria?
New, useful, inventive, adequately described
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What is novelty?
No public disclosure by any means prior to date of application (publication, internet, lectures, use/sale of product)
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What is the inventive step?
Cannot patent something which is merely an obvious adaptation of what is already known. Subjective/judged from perspective of person skilled in the art. Use of patent opportunity.
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What is the basic anatomy of a patent?
Patient specification. Claims (defines the technical scope which you can prevent or control others using, doesn't necessarily permit you to do anything). Description (supports the claims e.g. data)
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Outline the patent application process
Invention. Priority application (devision to file sets patent clock running). Foreign filing. Publication (application becomes full prior art). PCT national phase entry. Examination. Granted patents.
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What can we patent?
Chemical compounds, intermediates, salts/polymorphs/crystalline forms, formulations, processes, devices/packaging, new indications, dosage regimens, personalised healthcare/biomarkers, combinations
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Which factors need to be considered when developing a patent strategy? (1)
What is the invention/critical parts, features/how extensive is the prior art, how broadly should the invention be claimed, how much information is enclosed in the application, when must this patent be filed, where is patent protection needed
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Which factors need to be considered when developing a patent strategy? (2)
What are the indicators supporting an inventive step?
Teaching away by those skilled in the art. Unexpected results. Failed attempts to solve problem. Unrecognised problem. Long felt but unsolved need. Commercial success
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What are the do's for patents?
Regularly review work for new opportunities. Seek advice concerning third party patents. Patent opportunity. Ask if in doubt
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What are the don'ts for patents?
Don't publish/present externally before considering patent opportunities, don't express a written opinion about patentability or patent infringement. Many inventions may appear obvious with hindsight (check prior)
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