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

13 Can Search 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 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 2 nd letter) me and attach 1 page word document with: –The patent number –The name of the company –Brief synopsis of the technology ( a paragraph)