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CHM 490 / 585

CHM 490 / 585. Patents. "If there is something to be stolen, I steal it"--Pablo Picasso. 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. Hatch-Waxman.

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CHM 490 / 585

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  1. CHM 490 / 585 Patents

  2. "If there is something to be stolen, I steal it"--Pablo Picasso

  3. 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.

  4. 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

  5. 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”

  6. 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.

  7. 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

  8. Patentability • Must be new • Must be non obvious to one skilled in the art • Must be useful

  9. $ • PPD acquired Eli Lilly patents for dapoxetine, a compound under development for genitourinary disorders for $65 million C&E News Jan 5, 2004

  10. $ • 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

  11. $ • 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

  12. 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

  13. Can Searchhttp://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)

  14. Patents • Provide “best methods” • Synopsis of “the art” • References • Typically give experimental details

  15. 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/

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