Intellectual property Rights in Immunological Bioinformatics Ole Lund
Intellectual property Rights in Immunological Bioinformatics Ole Lund, CBS, Bio. Centrum, DTU
What is a patent Right to – prohibit others from using the invention commercially l Monopoly on Sales – Use – Import – Possession – In 20 years from the day of application, In the countries where you applied OL
Why patents l Encourage companies not to keep their inventions secret – 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. OL
Disclosure l A patent must – – Enable one skilled in the art to reproduce invention Disclose best way of carrying out the invention OL
What can be patented l The invention must be – – – Novel Unobvious (in DK: have opfindelseshøjde) Useful l l 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 OL
Novelty l Must not have been published by anybody anywhere in the world – – Journals Patent applications Talks OL
Non-obvious l Not obvious for one skilled in the art – not only for you OL
Alternatives to patents l Keep It secret – Pros l – Cons l l l 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 OL
Need for patents l l l 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 OL
Ethical aspects of patents l l Poor countries can not pay the price for new medicine Solutions? – Don’t issue patents l – – Nobody will develop drugs Sell drugs at cheaper price in poor countries Allow them produce/import copy products l Import to rich countries? OL
- Slides: 10