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Patents for Chemicals, Pharmaceuticals and Biotechnology

Patents for Chemicals, Pharmaceuticals and Biotechnology Fundamentals of Global Law 5th Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199575237
  • 出版时间 March 2010
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 详细

    • A guide to patent law and practice which provides practitioners with everything they need to know to maximise the commercial potential of their client's or company's innovative products
    • An extremely practical book which includes chapters on everything from how to draft the patent specification to how to catch the infringer
    • Written in a lucid and accessible style which makes it equally accessible to scientists, researchers and managers in the chemicals, pharmaceuticals and biotechnology industries as to patent specialists
    • Written by two highly experienced patent attorneys, who are working with, or have previously worked with one of the biggest pharmaceutical companies in the world, thereby offering the techniques and industry know-how that underlie successful patent practice and portfolio management around the world

    New to this edition

    • Includes a new chapter on patent law harmonization
    • EPC 2000 (and corresponding changes to national laws)
    • The London Agreement
    • Changes to TRIPS and proposed changes to CBD
    • Patent Law Treaty
    • Patent aspects of Free Trade Agreements
    • Trilateral Cooperation
    • Recent US, EPO and UK case law
    • Increasing importance of emerging markets such as China, India, Brazil

    The chemicals, pharmaceuticals and biotechnology industries worldwide rely upon being able to patent inventions in order to protect investment in research and development, and to reap commercial rewards. An increasingly globalised sector requires a global perspective, and this highly acclaimed book guides the reader through the legal and procedural complexities of the British, European, Japanese and US patent systems, and explains in detail the role of patent practitioners (both in-house and in private practice) in maximising the commercial potential of their client's or company's innovative products.

    This eagerly awaited fifth edition provides vital updating to take account of the latest legal developments, while retaining focus on the relevant technology and industry practices that sets it apart from more general book son patent law and procedure.

    Patents for Chemicals, Pharmaceuticals and Biotechnologyprovides the reader with a complete description of the techniques and industry know-how that underlie successful patent practice and portfolio management and will be invaluable to all patent agents and practitioners working in the area of patent law. With its lucid and accessible presentation and practical approach, this book will also be welcomed by scientists, researchers and managers without a legal background.

    Readership: This book is invaluable for patent agents, patent attorneys, solicitors and barristers working in patent and intellectual property law worldwide, also scientists, researchers and managers in the chemicals, pharmaceuticals and biotechnology industries.

  • PART I: INTRODUCTION AND BACKGROUND TO THE MODERN PATENT SYSTEM
    1: THE NATURE AND ORIGINS OF PATENT RIGHTS
    What is a Patent?
    Early History in England
    Early History in Continental Europe
    Early History in America
    The Consideration for the Grant of a Patent
    2: HISTORICAL DEVELOPMENTS
    UK 1800-2009
    USA 1790-2009
    Other Industrialized Countries
    Developing Countries
    International Developments
    Outlook
    3: HARMONIZATION OF PATENT LAW
    Introduction
    The TRIPs Agreement
    TRIPs Implementation - Changes to Patent Laws
    Further Initiatives on Harmonization
    The Convention on Biological Diversity (CBD)
    Opposition to TRIPs
    Summary
    PART II: PATENT LAW AND PROCEDURE
    4: WHAT CAN BE PATENTED
    The Requirements of the European Patent Convention and European National Laws
    The Requirements of United States Law
    Grace Periods
    Special Categories of Inventions
    5: FILING A PATENT APPLICATION
    Should an Application be Filed?
    When to File
    Where to File
    The Foreign Filing Decision
    Non-Convention Filings
    European Patent Applications
    International Applications
    Registration and Patents of Importation
    Petty Patents
    6: OBTAINING A GRANTED PATENT - PCT PROCEDURE
    PCT Procedure
    General
    Ch. I Filing an International Application
    Ch. II: The IPRP
    7: OBTAINING A GRANTED PATENT - EPO PROCEDURE
    Procedure in the European Patent Office
    Appeals in the EPO
    8: OBTAINING A GRANTED PATENT - NATIONAL PROCEDURES
    Types of Examination
    Deferred Examination
    Oppositions
    Procedure in the United Kingdom
    Procedure in the USA
    9: MAINTAINING A PATENT IN FORCE AND EXTENDING THE PATENT TERM
    Patent Term
    Renewal Fees
    Extension of Term
    Extensions to Compensate for Regulatory Delays
    Working Requirements
    Licences of Right
    10: ENFORCING PATENT RIGHTS
    What Constitutes Infringement
    Infringement in the UK
    Infringement in the USA
    Procedure in the UK
    Procedure in the USA
    Procedure in Continental Europe
    Procedure in Asia
    PART III: PATENTABILITY OF INVENTIONS IN SPECIFIC TECHNICAL FIELDS
    11: INVALIDITY AND AMENDMENT OF GRANTED PATENTS
    Grounds of Invalidity in the UK
    Revocation Proceedings
    Amendment of British Patents
    Invalidity and amendment in the USA
    Invalidity and Amendment in the EPO
    12: CHEMICAL INVENTIONS
    Novel Compounds
    Selection Inventions
    Disclaimers
    Compounds of Unknown Structure
    Polymeric Compounds
    New Salt Forms
    New Physical Forms
    New Synthetic Processes
    Analogy Processes
    New Compositions and Mixtures
    New Uses and new Application Processes
    13: PHARMACEUTICAL INVENTIONS
    New Chemical Entities
    Pharmaceutical Compositions
    First Pharmaceutical Use
    Second Pharmaceutical Use
    Scope of SPC Protection
    Regulatory Data Exclusivity
    Orphan Drug Exclusivity
    14: BIOTECHNOLOGICAL INVENTIONS
    What is Biotechnology?
    Patents and Biotechnology
    Microbiological Inventions
    Recombinant DNA Technology
    Monoclonal Antibody Technology
    More Recent Technologies
    15: PATENTING OF GENES, PLANTS AND ANIMALS
    Patents and Life
    Human Genes
    Transgenic Animals
    Transgenic Plants
    Patenting of Animals, Plants and Human Cells
    Morality Issues
    Patents for Life - from Bacteria to Oncomice
    Why are Patents being Targeted?
    PART IV: PATENTING IN PRACTICE
    16: SOFTWARE-RELATED AND BUSINESS METHOD INVENTIONS
    Relevance of Software and Business Method Inventions to Chemistry and Biotechnology
    Patenting of Software-Related Inventions in the EPO
    Patenting of Software-Related Inventions in the UK
    Patenting of Software-Related Inventions in the USA
    Business Method Patents
    17: THE PATENT PRACTITIONER AND HIS FUNCTIONS
    The British Patent Profession
    The Patent Profession in the USA
    The Patent Profession in other Countries
    European Patent Attorneys
    Patent Attorneys in Private Practice
    Industrial Practice
    The Job of the Patent Practitioner
    18: DRAFTING THE PATENT SPECIFICATION
    Drafting the Scope
    The Structure of the Patent Specification
    Priority and Foreign Filing Texts
    Background of the Invention and Prior Art
    US Sufficiency Requirements
    Sufficiency Requirements in the UK and the EPO
    Sufficiency Requirements in other Countries
    Special Requirements for Biotech Inventions
    Length of Text
    19: DRAFTING THE CLAIMS
    The Purpose and Nature of Patent Claims
    Form of Claims
    The Scope of the Claims
    20: PROSECUTION OF THE PATENT APPLICATION TO GRANT
    Lack of Unity
    Lack of Novelty
    Lack of Inventive Step
    Interviews with the Examiner
    PART V: COMMERCIAL EXPLOITATION OF PATENTS
    21: INVENTORSHIP, OWNERSHIP AND COMPENSATION
    Inventorship in the UK
    Inventorship in the EPO
    Inventorship in the USA
    Ownership
    Compensation for Employee Inventors
    The Right to Apply for a Patent and to be Granted a Patent
    Co-ownership
    Disputes as to Ownership
    Recordal and Transfer of Ownership
    22: COMMERCIAL EXPLOITATION OF PATENTS
    Patents to Exclude the Competition - the Pharmaceutical Industry
    Patents for Survival - the Biotechnology Industry
    Patents as a Source of Royalty Income - Universities
    Patents as Lottery Tickets - Individual Inventors
    Patents as Bargaining Chips - the Electronics Industry
    23: HOW TO CATCH THE INFRINGER - AND HOW NOT TO BE CAUGHT
    From the Viewpoint of the Patentee
    From the Viewpoint of the Potential Infringer
    24: PATENT ASPECTS OF LICENSING
    Patent Conflict Licences
    Technology Transfer Licences
    The In-licensing Process
    Out-Licensing - Patent Strategy for the Licensor
    Research Collaboration Agreements
    Contract Research Agreements
    Funding Agreements
    Compound Purchase Agreements
    Licence Contracts
    25: PATENTS AND COMPETITION LAW
    Charges against the Patent System
    Competition Law - United Kingdom
    Competition Law - EU
    Patent Licence Agreements in the EU
    Competition law - USA
    Collaboration between JD & EC Commission

  • Philip W. Grubb, Intellectual Property Consultant; formerly Intellectual Property Counsel, Novartis International AG; Adjunct Professor, Franklin Pierce Law Center, Concord, NH (2007-8), and Peter R. Thomsen, European Patent Attorney, CEIPI (Centre d'Etudes Internationales de la Propriété Industrielle, Robert Schuman University, Strasbourg) tutor, Manager, Global IP-Litigation and Transaction, Planning & Coordination, Novartis Corporate IP 

  • "Students in the fields of security studies and international relations, as well as practitioners, will benefit from reading this book. In particular, policymakers and strategists might evaluate ongoing efforts in places such as Libya and Afghanistan based on Gray's strategic dicta, as well as his discussion of strategic effect, or 'the cumulative and sequential impact of strategic performance upon the course of events'." - H. R. McMaster, Survival: Global Politics and Strategy (Vol. 53, No.5, Oct-Nov 2011)

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