1. 1 CHM 490 / 585 Patents

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

3. 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. 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. 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. 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. 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. 8 Patentability Must be new Must be non obvious to one skilled in the art Must be useful

9. 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. 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. 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. 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. 13 Can Search http://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. 14 Patents Provide “best methods” Synopsis of “the art” References Typically give experimental details

15. 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) 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/