WIPO/INV/BEI/02/18 SECOND INTERNATIONAL FORUM ON CREATIVITY AND INVENTION – A BETTER FUTURE FOR HUMANITY IN THE 21 ST CENTURY Beijing (China), May 23-25,

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Presentation transcript:

WIPO/INV/BEI/02/18 SECOND INTERNATIONAL FORUM ON CREATIVITY AND INVENTION – A BETTER FUTURE FOR HUMANITY IN THE 21 ST CENTURY Beijing (China), May 23-25, 2002 Document prepared by Ms. Caroline J. Yun, US Registered Patent Attorney and Foreign Lawyer, Baker & McKenzie, Hong Kong, SAR Copyright © 2002, Caroline J. Yun. All rights reserved. THE DEVELOPMENT OF THE INTERNATIONAL PATENT SYSTEM HIGH TECHNOLOGY PATENTING AND INTERNATIONAL FILING STRATEGIES

C. J. YUN2 Agenda  WHAT IS PATENTABLE?  EXTENDING PROTECTION  UNIVERSAL PATENTS

C. J. YUN3 U.S. FOUNDATION CONSTITUTIONALLY BASED CONGRESS SHALL HAVE THE POWER…TO PROMOTE PROGRESS OF SCIENCE BY SECURING LIMITED TIMES TO INVENTORS THE EXCLUSIVE RIGHT TO THEIR DISCOVERIES ART. 1, §8, CLAUSE 8

C. J. YUN4 PATENTS GOVERNMENT GRANTED LEGAL RIGHT FOR LIMITED TIME (6 to 20 YEARS) TO EXCLUDE OTHERS FROM USING YOUR PATENTED INVENTION AS DEFINED BY THE PATENT CLAIMS

C. J. YUN5 WHY? PROTECT INVESTMENT IN TECHNOLOGY DEVELOPMENT KEEP COMPETITORS OUT OF YOUR NEW MARKET OPEN A MARKET WHEN COMPETITOR HAS DOMINANT PATENT PREVENT 3 RD PARTY PATENT COVERING YOUR COMMERCIAL PRODUCT/PROCESS GAIN REVENUES BY LICENSING

C. J. YUN6 COMPOSITIONS PROCESS MACHINE ARTICLES OF MANUFACTURE * * * PRODUCTS OF NATURE? STATUTORY SUBJECT MATTER

C. J. YUN7 MICROBES PLANTS ANIMALS COMPOUNDS PRODUCTS OF NATURE

C. J. YUN8 WHAT IS PATENTABLE? UNITED STATES SUPREME COURT HELD ANYTHING UNDER THE SUN MADE BY MAN IS PROTECTABLE BY PATENT Diamond v. Chakrabarty, 447 U.S. 303 (1980)

C. J. YUN9 COMPOSITIONS OF MATTER GENES PROTEINS PHARMA BASED METHODS OF TREATING PATIENTS/DISEASE USE OF GENE/PROTEIN BIOTECH INVENTIONS

C. J. YUN10 REQUIREMENTS NOVELTY UNOBVIOUSNESS UTILITY DISCLOSURE

C. J. YUN11 POLICY/GUIDELINES NIH HISTORIC JOINT STATEMENT HUMAN GENE SEQUENCE DATA UTILITY EXAMINATION GUIDELINES ESTs SNPs INTERNATIONAL COOPERATION

C. J. YUN12 A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. To get a U.S. patent, an application must be filed in the U.S. Patent and Trademark Office FILING OF APPLICATIONS

C. J. YUN13 TOP 10 ORGANIZATIONS RECEIVING U.S. PATENTS IN IBM – NEC – CANON – SAMSUNG – LUCENT – SONY – MICRON TECHNOLOGY – TOSHIBA – MOTOROLA – FUJITSU

C. J. YUN – U.S. Gene-Based Patents U.S. Government Incyte Pharma Univ. of California- 265 SmithKline Beecham Genentech Eli Lilly Novo Nordisk Chiron AHP Isis Pharma MGH Human Genome Sciences Univ. of Texas Institut Pasteur - 101

C. J. YUN15 PATENTS IN FORCE IN 2000

TYPES OF PATENTS APPLICATIONS PROVISIONAL UTILITY (non-provisional) DESIGN OTHERS (e.g., plant)

C. J. YUN17 REFORM Patent Cooperation Treaty Patent Law Treaty International Patent System

C. J. YUN18 GLOBAL FRAMEWORK Mutual Recognition PCT Platform for Global Patent System

C. J. YUN19 CONCLUSION ANYTHING UNDER THE SUN MADE BY MAN THE PATENT SYSTEM ADDED THE FUEL OF INTEREST TO THE FIRE OF GENIUS Abraham Lincoln Diamond v. Chakrabarty