Patent Deployment Strategies and Patent Value in LED Industry

This study applies two variables in the measurement of company patent deployment strategies: patent family depth and earn plan ratio. Patent family depth represents the degree to which certain fields and markets are valued by the patent owner. Earn plan ratio defined as the ratio of the number of patent forward citations to patent family size. Earn plan ratio indicates the degree to which a patent family could be cited by later innovators and competitors. This study applies a logistic regression model in the analysis LED industry data. The results demonstrate that patent value has a positive relationship with the patent family depth, and earn plan ratio.     

Antibody-drug conjugates: Intellectual property considerations

Antibody-drug conjugates are highly complex entities that combine an antibody, a linker and a toxin. This complexity makes them demanding both technically and from a regulatory point of view, and difficult to deal with in their patent aspects. This article discusses different issues of patent protection and freedom to operate with regard to this promising new class of drugs.     

生物技术相关专利的计量学研究

生物技术是国家战略性高新技术的重要组成部分,已经成为当今世界各国战略发展争夺的热点之一。本文对ISTIC-专利分析数据库与美国USPTO授权的生物技术相关专利数据中收录的专利进行了分析。从专利授权数量及年度变化、生命周期、专利权人、专利的国际专利分类号、专利权人所属国家和机构等角度深入分析了生物技术专利的整体产出情况、重点技术领以及各个国家的生物技术发展状况和战略布局情况,为该领域战略争夺发展的重点提供参考与指导。     

全球专利微生物菌种近20年的保藏与发放情况分析

本文基于世界知识产权组织(WIPO)公开的"国际保藏单位2001–2019年专利微生物保藏与发放"数据进行统计分析。结果表明:全球专利微生物保藏量呈现稳步增长态势,中国专利菌种保藏量位列全球第一,保藏全球近四成专利菌种(31386株,占比39.86%);2018年后全球菌种发放量陡增,其中美国是专利菌种发放量最多的国家(24153株,占全球发放量的96.63%),中国专利菌种的发放率处于较低水平(1034株,发放率3.29%)。中国专利菌种"重保藏、轻发放"的现象严重,需要适当提升产业化开发利用水平。     

PatGen--a consolidated resource for searching genetic patent sequences

SUMMARY: Compared to the wealth of online resources covering genomic, proteomic and derived data the Bioinformatics community is rather underserved when it comes to patent information related to biological sequences. The current online resources are either incomplete or rather expensive. This paper describes, PatGen, an integrated database containing data from bioinformatic and patent resources. This effort addresses the inconsistency of publicly available genetic patent data coverage by providing access to a consolidated dataset. AVAILABILITY: PatGen can be searched at http://www.patgendb.com CONTACT: rjdrouse@patentinformatics.com.     

A survey of problems relating to legal protection of genetic engineering inventions

In the first patent applications in the field of genetic engineering the main problems were the terminology and the definition of various concepts. This was mainly due to the fact that the field of genetic engineering was new to the patent officials as well as to the patent attorneys. At the moment the terminology and the concepts have already become familiar and patent problems also in the microbiological sector are merely technical. However, new exiting problems have arisen because of the rapid development in the field of plant and animal biotechnology. A lot of work is still needed before the patent system fulfills its purpose as a promoter of technical, economical and social progress also in the field of biotechnology.     

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。     

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。     

Who should benefit financially from a good idea?

The need to publish ideas so that they can be explored, debated and extended by others before they are fully tested in the lab or the clinic is in conflict with the need to patent those ideas to provide a commercial incentive to apply them. I discuss why this conflict occurs, why it is important, and suggest three ways to get round it: root-and-branch reform of patent law (which seems impossible), extension of the US system's ‘grace period’ between publishing and filing a patent to longer times in the US and implementing the same system in other countries (which seems unlikely to happen), and binding readers of journals with a network of optional confidentiality agreements that allow publication but not citation without the authors’ permission. This latter appears too complex and conflicting an idea to work either, but while many conflicts with common scientific practice exist, the complexity of the system need not deter us, as at root the idea is simple and so it could be managed by software instead of patent lawyers.     

Bioengineered bugs, drugs and contentious issues in patenting

Bioengineered bugs, as is the scope of this journal, have great potential in various practical applications. A corollary to bringing useful products to the market is that such products need protection from copying by other people or businesses. Such government-sponsored protections are legally enforced through a patent, copyright or trademark/trade secret system commonly known as intellectual property rights. A condition for obtaining a patent is that the invention must not be disclosed to public either through seminars, informal public disclosures or publications in journals, although in the United States, there is a one year grace period that is allowed to obtain a patent after public disclosure. This article describes my personal experience in obtaining a patent in 1980 on a genetically manipulated bacterium designed for oil spill cleanup. This patent application went through a series of court cases that finally ended up in the Supreme Court of the United States. I also mention a similar contentious legal issue that is on the horizon and that the readers of Bioengineered Bugs should be aware of. Finally, I have taken the opportunity to describe my current efforts to bring to the market some unique potential multi-disease-targeting candidate drugs from Pseudomonas aeruginosa and gonococci/meningococci that, if found non-toxic and efficacious in humans, will revolutionize the drug industry. To ensure their marketability, we are trying to develop a patent portfolio that will ensure that they will be legally protected and such protections will be broad-based and enforceable.     

Cohort study of multiple brain lesions in sport divers: role of a patent foramen ovale.

OBJECTIVE: To investigate the role of a patient foramen ovale in the pathogenesis of multiple brain lesions acquired by sport divers in the absence of reported decompression symptoms. DESIGN: Prospective double blind cohort study. SETTING: Diving clubs around Heidelberg and departments of neuroradiology and neurology. SUBJECTS: 87 sport divers with a minimum of 160 scuba dives (dives with self contained underwater breathing apparatus). MAIN OUTCOME MEASURES: Presence of multiple brain lesions visualised by cranial magnetic resonance imaging and presence and size of patent foramen ovale as documented by echocontrast transcranial Doppler ultrasonography. RESULTS: 25 subjects were found to have a right-to-left shunt, 13 with a patent foramen ovale of high haemodynamic relevance. A total of 41 brain lesions were detected in 11 divers. There were seven brain lesions in seven divers without a right-to-left shunt and 34 lesions in four divers with a right-to-left shunt. Multiple brain lesions occurred exclusively in three divers with a large patent foramen ovale (P = 0.004). CONCLUSIONS: Multiple brain lesions in sport divers were associated with presence of a large patent foramen ovale. This association suggests paradoxical gas embolism as the pathological mechanism. A patent foramen ovale of high haemodynamic relevance seems to be an important risk factor for developing multiple brain lesions in sport divers.     

中国生物医药专利的分布及趋势分析

生物医药产业是中国重点发展的战略性新兴产业之一。本文对Derwent数据库中收录,在中国申请的与生物医药领域相关的专利申请数据进行了研究,分别从专利申请量及年度变化、生命周期、专利权人和德温特分类号等角度深入分析了生物医药专利的整体产出情况、重点技术领域和主要申请机构的专利战略布局情况。通过研究发现中国生物医药技术近年来发展迅速,已进入相对成熟阶段。     

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。     

Intellectual property issues of immune checkpoint inhibitors

Immune checkpoint inhibitors are drugs that interfere with tumor escape responses. Some members of this class are already approved, and expected to be blockbusters in the future. Many companies have developed patent activities in this field. This article focuses on the patent landscape, and discusses key players and cases related to immune checkpoint inhibitors.     

United States patent prior art rules and the neem controversy: a case of subject-matter imperialism?

A recent United States patent covering an improvement to the naturally-occurring pesticide in neem tree seed oil might have been rejected as 'obvious' if United States patent law recognized certain forms of prior inventive activity on a par with similar activity occurring within the United States' borders. But the US only recognizes prior 'knowledge, use or invention' as blocking a claim to a patent when those activities take place within US borders, or are evidenced by publications accessible in the US, or, more commonly, by foreign patents. Neither of these last forms of tangible 'prior art' is likely to be available to block patents on biodiversity inventions – most notably because of the fact that most developing nations do not allow patents on pharmaceutical or agricultural inventions, categories subsuming most biodiversity-related advances. Although the United States patent only has direct force within the United States, it is nonetheless highly significant to this global dispute, since the United States and other developed nations stand to be the major markets for the end-products of neem. This paper argues that the border-drawing distinctions in US patent law are archaic, counter to stated policy directives and are disproportionately influencing the developing world's stance towards GATT and its intellectual property rights provisions.     

Identification of gene-related Korean patents and construction of a database server for Korean patent sequences

With the advent of high-throughput techniques, the number of patent applications containing biological sequences has been increasing rapidly in Korea. However, there is little information on gene relatedness of the Korean patent sequences. The primary aims of this study are two-fold. First, we associated Korean patent applications with genes. Second, we have constructed a database server, named Patome@Korea, to provide the gene-patent map and the Korean patent data containing biological sequences. To associate the sequences with genes, we have received patent sequence data from the Korean Intellectual Property Office (KIPO) and annotated them with RefSeq and Entrez Gene. Through the association analysis, we found that nearly 14.7% of human genes were related to Korean patenting, compared to 25% of human genes in the US patent. We have consolidated the association results and the patent sequence data to a relational database and implemented a web-based user interface to provide search service. The database can be queried using application number, applicant, titles, gene ID/name, and RefSeq number. We also provide web-based BLAST facility to allow users to compare their sequences against patent sequences. Equal contribution.     

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。     

United States patents and fungal cultures

Summary Fungal biotechnology has generated a voluminous amount of technical literature and scientific data. Patents probably contain the most complete and detailed information about the use of fungal cultures in biotechnology. This article contains a brief review of the United States patent system where microorganisms form an integral part of the disclosure and explains the role of the American Type Culture Collection (ATCC) as a patent culture depository. A list based on the application of the ATCC fungal strains which have been cited or used in US patents and the names of the inventors, the titles of the inventions, and their patent numbers are included. This provides resource material particularly for developing countries as they begin to establish their own biotechnology.     

The transmission of an avian filarioid Cardiofilaria nilesi to the jird, Meriones unguiculatus

This paper reports the experimental transmission of a bird parasite into jirds. Infective larvae of Cardiofilaria nilesi obtained from laboratory colonized Coquillettidia crassipes mosquitoes which had fed on an infected chicken were inoculated subcutaneously into jirds. The number of larvae per jird varied from 10 to 228. Microfilaraemia appeared 22 to 89 days after inoculation of the infective larvae. Experiments were carried out with 24 jirds through six generations extending over a period of 22 months and 17 produced patent infections. At present 8 infected jirds are being maintained in the laboratory; their patent periods ranging from 6 to 13 months. However, the longest patent period observed was about thirteen months. The percentage of adults recovered in autopsied jirds ranged from 0 to 40 with an average of 16. The chicken showed a microfilarial periodicity with the peak microfilarial density around 2200 hours. However, in jirds there was a change in sub-periodicity. This model in the jird may be very useful for the screening of filaricides and in immunological work.