干细胞专利价值评估与转移转化对策研究 *

Objective: To construct an indicator model for stem cell patent evaluation and to analyze the factors affecting stem cell patent transfer and transformation in real scenarios besides the indicators.Methods:Based on the Patent Value Analysis Indicator System edited by China Technology Exchange, a patent evaluation system suitable for stem cells patents was constructed. The weight was determined by AHP, and the operability of the indicator model was verified by case analysis.Results:Based on the technical characteristics of stem cell technologies and operability, an indicator system for evaluating stem cell patents was constructed, which included three first-level indicators including technical value, market value and legal value, and nine second-level indicators such as technological advancement, technological maturity, technological cost, et al. Technological advancement, technological maturity, policy adaptability and market demand were the four most influential indicators for the valuation of stem cell patents. In the analysis of other factors, the core advantage of the stem cell technologies was the key to affect the transformation of stem cell patents. In addition, technical feasibility, quality control and long-term benefits also had important impact on the successful transfer and transformation of stem cell technologies.Conclusion:The patent value evaluation model and factor analysis established can be used in stem cell patent evaluation, which is helpful to promote the effective development and industrialization of the patent technology.     

Patent pools and clearinghouses in the life sciences

The biopharmaceutical industry is slowly absorbing the idea of collaborative patent licensing models. Recently, two patent pools for developing countries have been launched: the Pool for Open Innovation against Neglected Tropical Diseases initiated by GlaxoSmithKline (GSK), which is referred to as the BIO Ventures for Global Health (BVGH) pool, and the Medicines Patent Pool (MPP) initiated by UNITAID. Various organizations have recommended using pools or clearinghouses beyond the humanitarian dimension where many patents are owned by many different actors. As a first attempt, MPEG LA, which administers patent pools in various technology fields, is now setting up a clearinghouse for patents related to molecular diagnostics. These examples as well as the results from an empirical study provide useful insights for the design and administration of future pools and clearinghouses in the life sciences.     

Patent pools and diagnostic testing

There is increasing concern that overlapping patents in the field of genetics will create a costly and legally complex situation known as a patent thicket, which, along with the associated issues of accumulating royalty payments, can act as a disincentive for innovation. One potential means of preventing this is for the patent holders to enter into a so-called patent pool, such as those established in the electronics and telecommunications industries. Precedents for these also exist in the field of genetics, notably with the patents pertaining to the SARS genome. In this review, we initially address the patent pool concept in general and its application in genetics. Following this, we will explore patent pools in the diagnostic field in more detail, and examine some existing and novel examples of patent pools in genetics.     

脑机接口专利情报研究

脑机接口是在无外周神经系统和肌肉组织参与的条件下,通过计算机等电子设备输出控制信号,进而与外界环境进行交流的全新通讯和控制技术。它的发展依赖于神经科学、心理学、工程学、康复医学和计算机等学科专家间的密切合作,具有非常重要的学术价值、科学意义和广阔的应用前景,是当今世界研究的热点。本文利用新一代专利分析平台和工具Innography,结合专利情报分析理论,在对世界范围内脑机接口技术的专利进行申请趋势分析、区域分析、IPC分析、专利权人分析、诉讼专利和核心专利分析以及重点技术文本聚类分析的基础上,了解国内该技术发展态势,并尝试为脑机接口领域的发展提供有用的竞争情报参考。     

Patent perspective

Patent Update is a regular column dedicated to the complex issues that affect patents in the genomics and proteomics field. In each issue, there are two sections compiled by patent attorneys. The first section, Patents – a Practical Perspective, is a commentary on current issues, landmark patents, useful patent resources and how to search them, and legislative changes that impact the pharma and biotech industries. The second section, Patent News, provides brief synopses of recently issued patents and other patent events, and their significance to drug discovery R&D.     

Patent protection for structural genomics-related inventions

Recently there have been some important developments with respect to the patentability of inventions in the field of structural genomics. The leaders of the European Patent Office (EPO), Japan Patent Office (JPO) and the United States Patent Office (USPTO) came together for a trilateral meeting to conduct a comparative study on protein 3-dimensional (3-D) structure related claims in an effort to come to a mutual understanding about the examination of such inventions. The three patent offices were presented with eight different cases: 1) 3-D structural data of a protein per se; 2) computer-readable storage medium encoded with structural data of a protein; 3) protein defined by its tertiary structure; 4) crystals of known proteins; 5) binding pockets and protein domains; 6) and 7) are both directed to in silico screening methods directed to a specific protein; and 8) pharmacophores. The preliminary conclusions reached at the trilateral meeting provide clarity regarding the types of inventions that may be patentable given a specific set of scientific facts in a patent application. Therefore, the guidance provided by this study will help inventors, attorneys and other patent practitioners who file for patent protection on structural genomics-based inventions both here and abroad comply with the patentability requirements of each office.Abbreviations: (Not Applicable)     

基于专利分析的天然抗肿瘤药制剂技术发展态势研究

目的:基于专利文献深入分析天然抗肿瘤药制剂技术的发展态势。方法:采用专利计量分析、统计学趋势分析等定量分析方法结合药学专业知识的定性分析方法从专利申请数量、国家/地区分布、专利技术领域等方面对天然抗肿瘤药制剂技术领域的发展态势进行分析。结果:天然抗肿瘤药制剂技术专利年申请数量在3000件左右,处于比较稳定平稳的发展时期;专利申请主要集中在美国和中国;专利技术领域主要集中在抗肿瘤活性和剂型的相关研究。结论:美国专利申请数量排名第一,远远领先于其他国家,且专利质量很高,处于绝对的领先地位。中国虽然在专利申请数量方面具有一定优势,但是专利质量亟待提高,与国外发达国家相比仍有较大差距。     

Biological Diversity in the Patent System

Biological diversity in the patent system is an enduring focus of controversy but empirical analysis of the presence of biodiversity in the patent system has been limited. To address this problem we text mined 11 million patent documents for 6 million Latin species names from the Global Names Index (GNI) established by the Global Biodiversity Information Facility (GBIF) and Encyclopedia of Life (EOL). We identified 76,274 full Latin species names from 23,882 genera in 767,955 patent documents. 25,595 species appeared in the claims section of 136,880 patent documents. This reveals that human innovative activity involving biodiversity in the patent system focuses on approximately 4% of taxonomically described species and between 0.8–1% of predicted global species. In this article we identify the major features of the patent landscape for biological diversity by focusing on key areas including pharmaceuticals, neglected diseases, traditional medicines, genetic engineering, foods, biocides, marine genetic resources and Antarctica. We conclude that the narrow focus of human innovative activity and ownership of genetic resources is unlikely to be in the long term interest of humanity. We argue that a broader spectrum of biodiversity needs to be opened up to research and development based on the principles of equitable benefit-sharing, respect for the objectives of the Convention on Biological Diversity, human rights and ethics. Finally, we argue that alternative models of innovation, such as open source and commons models, are required to open up biodiversity for research that addresses actual and neglected areas of human need. The research aims to inform the implementation of the 2010 Nagoya Protocol on Access to Genetic Resources and the Equitable Sharing of Benefits Arising from their Utilization and international debates directed to the governance of genetic resources. Our research also aims to inform debates under the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore at the World Intellectual Property Organization.     

专利微生物菌种的保藏与发放统计分析

对WIPO公开的"国际保藏机构2001～2010年专利微生物保藏与发放"数据进行了统计分析。结果表明:全世界的专利菌种保藏量与发放量处于快速增长中;美国是专利菌种保藏与发放量最多的国家;近年中国的专利菌种年保藏量实现三连冠,但专利菌种的发放率处于极低水平。     

农业生物技术领域专利态势分析

专利是技术的有效载体,通过专利态势分析可以在一定程度上有效掌握技术发展脉络及发展趋势。基于专利信息,采用定量数据、定性调研与专家智慧有机结合的方法,从申请趋势、保护市场、领域分布、重要专利权人等多维度分析视角进行农业生物技术领域专利技术态势分析。通过专利态势分析掌握全球农业生物技术专利保护概貌,指出重点方向。在此基础上结合中国农业生物技术领域专利法律状态和专利转让许可状况探讨中国农业生物技术专利保护现状及存在问题,以期支撑中国农业生物技术领域的创新决策。     

从Myriad案谈基因专利的正当性及美国对基因专利授权实质性要件分析

按照专利制度构建的本质,基因专利的作用在于激励产业创新,促进基因研究的发展。但基因专利从产生以来就一直存在着争议。2011年美国Myriad案对分离DNA序列的可专利性具有不同的观点,从Myriad I案认为分离的DNA是不可专利的客体,到Myriad II上诉案中联邦巡回上诉法院推翻地方法院的观点,认为分离的DNA具有不同的化学结构,满足专利客体的适格性,但同时也反射出了对DNA序列可专利性的怀疑。Myriad案引起了美国、欧洲和澳大利亚司法审判中就基因专利适格性问题的较大争议。本文结合美国Myriad案来分析DNA序列作为专利客体的适格性以及目前美国对基因专利授权的实质性条件。     

Impact of the US Patent System on the Promise of Personalized Medicine

The biotechnology revolution promises unfathomable future scientific discovery. One of the potential benefits is the accelerated introduction of new diagnostics and treatments to the general public. The right medication for the right patient is the goal of personalized medicine, which directly benefits from many of biotechnology's biggest and most recent advances. The US patent system rewards innovation in medicine and other arts and sciences by granting innovators, for a period of time, the right to exclude others from using what was invented. One of the purposes of the patent system is to trade that right to exclude, and in its stead obtain the patent holder's obligation to fully and publicly disclose the essence of the innovations so that they can be improved, thus advancing the common welfare. A tension exists between personalized medicine's need for access to and use of scientific advances and the patent system's reward of exclusive use or nonuse to innovators. This tension may result in fewer diagnostic and therapeutic tools brought to the market and generally adopted. The risk seems particularly acute with respect to the diagnostic and therapeutic tools arising from genetic testing that hold specific value for a subset of the population. The judicial system has introduced ethical exceptions that overcome a patent holder's right to exclude; these judicial overrides relate to the provision of certain types of medical procedures and the development of certain types of new drugs, and not, apparently, to the use of diagnostic and therapeutic tools essential to the success of personalized medicine. A serious question exists as to whether legislative action is necessary to increase public access to genetic testing.     

生物学发明及其专利保护

本参考中国专利法,欧洲专利法及美国、日本的相关专利法条和有关国际公约讨论了生物学发明及其获得专利保护的一般方法和原则,以期帮助有关企业和科研机构能有效地对相应地发明进行专利保护。     

基于专利信息分析的中国3D生物打印技术发展与产业化研究*

目的:基于专利信息对我国3D生物打印技术的发展态势进行分析。方法:本文基于incopat和TDA两大专利分析平台对中国3D生物打印的专利发展态势从专利统计分析与专利计量分析两个维度进行了跨库组合分析,总结了我国3D生物打印技术的专利前沿动态特征。结果:研究发现,中国3D生物打印技术从2013年起进入专利激增态势,中国作为潜在技术市场的国际竞争日趋激烈,本文还从专利申请人、技术领域分布、专利文本关键词聚类、专利价值、专利合作等方面进行了深度挖掘分析。结论:最后,结合对中国3D生物打印专利申请人的专利产业化案例深度分析与专利特征总结,为中国3D生物打印技术发展与产业化提供参考建议。     

CAR-T技术中外专利申请分析与比较

基于嵌合抗原受体-T细胞(CAR-T)的免疫疗法已经成为了一种有效治疗恶性肿瘤的全新疗法。通过检索并分析CAR-T领域的专利申请文件,从中获得了国内外专利申请发展趋势、主要专利申请人、专利地区分布情况等信息,并重点综述了获美国FDA批准的首个CAR-T 疗法的所属公司——诺华公司CAR-T技术的研发路线,以及国内主要研究机构的专利申请情况。     

Annotated Chemical Patent Corpus: A Gold Standard for Text Mining

Exploring the chemical and biological space covered by patent applications is crucial in early-stage medicinal chemistry activities. Patent analysis can provide understanding of compound prior art, novelty checking, validation of biological assays, and identification of new starting points for chemical exploration. Extracting chemical and biological entities from patents through manual extraction by expert curators can take substantial amount of time and resources. Text mining methods can help to ease this process. To validate the performance of such methods, a manually annotated patent corpus is essential. In this study we have produced a large gold standard chemical patent corpus. We developed annotation guidelines and selected 200 full patents from the World Intellectual Property Organization, United States Patent and Trademark Office, and European Patent Office. The patents were pre-annotated automatically and made available to four independent annotator groups each consisting of two to ten annotators. The annotators marked chemicals in different subclasses, diseases, targets, and modes of action. Spelling mistakes and spurious line break due to optical character recognition errors were also annotated. A subset of 47 patents was annotated by at least three annotator groups, from which harmonized annotations and inter-annotator agreement scores were derived. One group annotated the full set. The patent corpus includes 400,125 annotations for the full set and 36,537 annotations for the harmonized set. All patents and annotated entities are publicly available at www.biosemantics.org.     

基于专利分析的干细胞技术创新趋势研究

干细胞(Stem Cells)是当今世界科学研究的热门领域。本文对Derwent Innovation Index(DII)专利数据库收录的1975-2013年世界范围内申请的干细胞技术专利进行了数据计量分析,给出了干细胞专利的年度分布、地区分布、研发重点分布、机构分布等,揭示了已展现出明显优势的干细胞技术的创新现状和发展趋势,所得到的结果可为这种新技术的研发决策提供支持与依据。研究发现,干细胞技术近年来发展迅速,美国和中国对干细胞领域研究资助力度持续加大,美国和日本在干细胞研究领域占据主导地位,目前正处新一轮发展阶段。     

College Expectations for All? The Early Adult Outcomes of Low-Achieving Adolescents Who Expect to Earn a Bachelor's Degree

Critics of the college-for-all ethos argue that it encourages low-achieving adolescents to develop unrealistically high expectations. This argument posits that low-achievers waste time and money, and risk disappointment and self-recrimination, pursuing college when they are unlikely to complete it. The present study uses two national data sets—Add Health and the National Longitudinal Survey of Youth 1979—to test the proposition that expecting to earn a bachelor's degree (BA) puts low-achieving students at risk of disadvantageous early adult outcomes. Youth reported their educational expectations in high school, and their income-to-needs ratios and depressive symptoms were measured approximately a decade later. Results in both data sets suggest that the expectation of a BA was advantageous for all students, regardless of achievement level. Low-achievers who expected to earn a BA had higher educational attainment, higher income-to-needs ratios, and fewer depressive symptoms than low-achievers who did not expect to earn a BA.     

Identification of the Key Fields and Their Key Technical Points of Oncology by Patent Analysis

Background

This paper aims to identify the key fields and their key technical points of oncology by patent analysis.

Methodology/Principal Findings

Patents of oncology applied from 2006 to 2012 were searched in the Thomson Innovation database. The key fields and their key technical points were determined by analyzing the Derwent Classification (DC) and the International Patent Classification (IPC), respectively. Patent applications in the top ten DC occupied 80% of all the patent applications of oncology, which were the ten fields of oncology to be analyzed. The number of patent applications in these ten fields of oncology was standardized based on patent applications of oncology from 2006 to 2012. For each field, standardization was conducted separately for each of the seven years (2006–2012) and the mean of the seven standardized values was calculated to reflect the relative amount of patent applications in that field; meanwhile, regression analysis using time (year) and the standardized values of patent applications in seven years (2006–2012) was conducted so as to evaluate the trend of patent applications in each field. Two-dimensional quadrant analysis, together with the professional knowledge of oncology, was taken into consideration in determining the key fields of oncology. The fields located in the quadrant with high relative amount or increasing trend of patent applications are identified as key ones. By using the same method, the key technical points in each key field were identified. Altogether 116,820 patents of oncology applied from 2006 to 2012 were retrieved, and four key fields with twenty-nine key technical points were identified, including “natural products and polymers” with nine key technical points, “fermentation industry” with twelve ones, “electrical medical equipment” with four ones, and “diagnosis, surgery” with four ones.

Conclusions/Significance

The results of this study could provide guidance on the development direction of oncology, and also help researchers broaden innovative ideas and discover new technological opportunities.     

在我国失效的美国心血管疾病治疗药物的PCT 专利申请数据挖掘

目的：从没有在中国得到保护的美国专利申请或专利中寻找心血管疾病治疗药物研发的思路。方法：对申请日从2005 年1 月1 日至2014 年12 月31 日的美国心血管系统疾病治疗药物PCT 申请进入中国国家阶段后失效的专利申请及专利数据进行整序和分析,依据其在美国本土的法律状态确定其技术含金量。结果：未得到中国专利保护的美国心血管系统疾病治疗药物PCT 申请共174 件,其中170 件申请了美国优先权或进入了美国国家阶段。结论：170 件美国心血管系统疾病治疗药物PCT 申请在美国申请优先权,大多数因美国的优先权临时申请过期而放弃。14 件在美国本土的优先权申请失效,其所含信息量应该相当于公开发表的论文的信息量,23 件在美国本土优先权授权的专利技术具有一定的技术含金量,目前在中国已经进入公知公用领域,经过市场价值评估后可以无偿使用。