Intellectual property Rights in Immunological Bioinformatics Ole Lund, CBS, BioCentrum, DTU
OL What is a patent Right to – prohibit others from using the invention commercially Monopoly on – Sales – Use – Import – Possession In 20 years from the day of application, In the countries where you applied
OL Why patents 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 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 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 The invention must be – Novel – Unobvious (in DK: have opfindelseshøjde) – Useful 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 Must not have been published by anybody anywhere in the world – Journals – Patents – Patent applications – Talks
OL Non-obvious Not obvious for one skilled in the art – not only for you
OL Alternatives to patents Keep It secret – Pros May last for more than 20 years – Cons Others may patent your invention – then they can Stop/charge you doing what you do (Freedom to operate) Trademark Copyright
OL Need for patents 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 Poor countries can not pay the price for new medicine Solutions? – Don’t issue patents Nobody will develop drugs – Sell drugs at cheaper price in poor countries – Allow them produce/import copy products Import to rich countries?