Revealing the Intricate Effect of Collaboration on Innovation

We studied the Japan and U.S. patent records of several decades to demonstrate the effect of collaboration on innovation. We found that statistically inventor teams slightly outperform solo inventors while company teams perform equally well as solo companies. By tracking the performance record of individual teams, we found that inventor teams’ performance generally degrades with more repeat collaborations. Though company teams’ performance displays strongly bursty behavior, long-term collaboration does not significantly help innovation. To systematically study the effect of repeat collaboration, we defined the repeat collaboration number of a team as the average number of collaborations over all the teammate pairs. We found that mild repeat collaboration improves the performance of Japanese inventor teams and U.S. company teams. Yet, excessive repeat collaboration does not significantly help innovation at both the inventor and company levels in both countries. To control for unobserved heterogeneity, we performed a detailed regression analysis and the results were consistent with our simple observations. The presented results revealed the intricate effect of collaboration on innovation, which may also be observed in other creative projects.     

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。     

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.     

Asian promise: the state and future of collaborations in neuroscience

As investment in science and technology continues to grow in Asia, countries such as China, Japan and Singapore are witnessing great improvements in their neuroscience research environments; this is reflected in the opening of new research institutions and in the influx of neuroscientists trained abroad. Collaborative projects between researchers in these countries and laboratories in the United States and Europe are not only helping to shape these institutions, they are also leading to a surge in high-quality publications in both basic and translational neuroscience, resulting in increasing international recognition. Nature Reviews Neuroscience asks four neuroscientists about their collaborative experiences and the impact that such collaborations are having on neuroscience research.     

全球虾青素研究专利计量分析

由于虾青素具有极高的应用价值,近几十年来,虾青素的应用研究取得了很大的进展。本文以Derwent Innovations Index(DII)数据库为统计分析源,检索并分析了数据库中关于虾青素的所有专利产出,利用Thomson Data Analyzer(TDA)分析工具和Thomson Inovation分析平台进行数据挖掘。通过对专利申请趋势、高产机构、核心技术、专利布局、热点技术领域等方面的计量分析,揭示了全球虾青素技术的发展现状,探索我国发展虾青素技术面临的机遇与挑战。虾青素的应用集中在鱼类饲料的添加剂和疾病治疗两个领域。日本、美国和中国为排名前三的优先权受理国,日本公司的申请数量占主导地位,从专利布局看,杜邦和东曹公司几乎全部集中在发酵或使用酶的方法合成目标化合物或组合物或从外消旋混合物中分离旋光异构体和微生物或酶其组合物这两个领域,而排名靠前的日本公司的研究领域主要集中在医用、牙科用或梳妆用的配制品、食品、食料或非酒精饮料制备或加工处理以及化合物或药物制剂的特定治疗活性三个领域。     

Patenting antibodies in Europe

As a complement to the series of articles beginning in this issue on obtaining, maintaining and enforcing antibody patents in the United States, this article provides a comparison of the requirements for patenting antibodies in the United States and Europe and provides examples illustrating the application of European patent law to antibodies.     

基于专利分析的3D生物打印产业发展态势研究

目的:揭示3D生物打印产业技术研发态势和专利布局,以期为相关机构提供竞争情报,为行业发展提供数据支撑。方法:基于3D生物打印领域产业调研和技术分解,构造检索式获取数据,多维度量化分析领域专利。结果:3D生物打印产业发展可分为孕育期、萌芽期和高速发展期;该产业集中度较低,处于分散竞争阶段;申请人多依据地缘因素选择合作对象,合作方之间多为不同类型的机构;中国申请人的专利申请量占全球的比重已接近50%,但美国申请人的专利篇均被引频次仍远超中国;美国申请人更关注海外市场。结论:3D生物打印产业尚未形成规模效应,有必要整合业内资源,打造产业集群;中、美两国在该产业都具有优势地位,中国亟待加强海外专利布局;综合权衡专利数量和质量,美国申请人的专利竞争力仍高于中国,中国需培育更多核心专利。     

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.     

基于专利计量分析的抗HIV 药物发展趋势研究

近年来,艾滋病感染人数急剧增加,已成为威胁人类健康的重大疾病。为了对抗HIV药物的研究现状和发展趋势进行深入分析,本文通过在Derwent Innovations Index数据库中检索2006-2012年的抗HIV药物专利。对采集的专利信息用TDA软件进行数据清洗,利用专利计量分析方法,借助可视化的分析工具,从专利申请数量、优先权国、专利技术机构和专利技术领域等方面进行分析。研究发现近几年抗HIV药物专利申请数量较为平稳;专利申请主要集中在美国、加拿大和中国;抗HIV药物的技术领域主要集中在天然产物、发酵工业和杂环化合物等方面。美国在专利申请数量方面远远领先于其他国家,足以见美国在抗HIV药物研发的活跃和强劲的技术实力。我国虽然在专利申请数量方面具有一定优势,但是与国外相比仍有较大差距。     

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。     

United States patents and microbes

This article reviews the current state of patent availability in the United States for microbiological inventions and the current controversy as to the patentability of microbes as products. It also sums up the practical value of American patents.     

Strategic mining of cyanobacterial patents from the USPTO patent database and analysis of their scope and implications

Patent analysis with the help of the strategic mining of patents from databases is important and useful within the framework of application-oriented research and its commercialization. In the analysis reported here, we have mined cyanobacterial patents from the patent database of the United States Patent and Trademark Office (USPTO). In order to make an assessment of the commercial potentials of cyanobacteria, we conducted the patent search (from 1976 to April 2006) using certain generic terms and the 84 genera of cyanobacteria as keywords. The search was performed in two major ways – searching the abstracts and claims of the patents cumulatively and searching the entire patent documents by the mode of ‘all fields’ in USPTO. In the abstract- and claims-based search, 234 patents were obtained after the removal of overlapping patents among the keywords. An additional 31 patents were added following the ‘all fields’ search; these patents were not covered in the search that was based on abstracts and claims. The entire package of 265 patents, of which 244 were related to cyanobacteria, was then analyzed. Information derived from these patents identified five major areas of cyanobacterial utilization. Cyanobacteria have been patented as a source of a wide spectrum of products, for medical, agriculture and environmental applications, for gene-based products, for methods of cultivation and for methods of control. The chronological development in granting cyanobacterial patents was also traced. This study demonstrates that such strategic mining and analysis of patent data can be used as an index for future development.     

基于专利分析的肿瘤基因PCR诊断技术研究

肿瘤目前成为人类健康和生命的重要危胁,肿瘤基因诊断是对肿瘤的各种原癌基因、抑癌基因进行检测,聚合酶链反应(polymerase chain reaction,PCR)技术是目前临床基因诊断应用最广泛的诊断技术,具有普及率高、特异性好、简便快捷等特点。肿瘤基因PCR诊断技术可以用于已知基因突变的检测,快速了解突变状态,有效制定治疗方案,为肿瘤患者带来福音。本研究主要基于专利数据,对肿瘤基因PCR诊断技术进行分析,探讨了全球与中国在肿瘤基因PCR诊断技术领域的发展现状与趋势。在Innography数据库共检索到PCR技术相关专利16,939件,专利家族6,285件。在肿瘤基因PCR诊断技术领域中,荧光定量PCR技术占比较大,约占肿瘤基因PCR诊断技术总量的三分之一。从技术技术生命周期来看,肿瘤基因PCR诊断技术目前仍处在高速发展阶段。美国是肿瘤基因PCR诊断技术的发展领先国家。该技术的主要来源国为美国,全球42.09%的专利来自美国,同时美国也是同族专利的主要分布地区。在肿瘤基因PCR诊断技术领域,排名前15位的顶尖机构中,来自美国的机构有7所。中国在肿瘤基因PCR诊断技术领域起步较晚,但发展迅速,在该技术领域申请的专利数量仅次于美国。中国申请的肿瘤基因PCR诊断技术的专利绝大多数都只在中国进行专利保护,并没有布局全球市场的意愿。     

Global landscape of patents related to human coronaviruses

At present, the COVID-19 pandemic is running rampant, having caused 2.18 million deaths. Characterizing the global patent landscape of coronaviruses is essential not only for informing research and policy, given the current pandemic crisis, but also for anticipating important future developments. While patents are a promising indicator of technological knowledge production widely used in innovation research, they are often an underused resource in biological sciences. In this study, we present a patent landscape for the seven coronaviruses known to infect humans. The information included in this paper provides a strong intellectual groundwork for the ongoing development of therapeutic agents and vaccines along with a deeper discussion of intellectual property rights under epidemic conditions. The results show that there has been a rapid increase in human coronavirus patents, especially COVID-19 patents. China and the United States play an outstanding role in global cooperation and patent application. The leading role of academic institutions and government is increasingly apparent. Notable technological issues related to human coronaviruses include pharmacochemical treatment, diagnosis of viral infection, viral-vector vaccines, and traditional Chinese medicine. Furthermore, a critical challenge lies in balancing commercial competition, enterprise profit, knowledge sharing, and public interest.     

Challenges to human embryonic stem cell patents

The patenting of human embryonic stem (hES) cells has produced one of the most unusual and fraught situations in the history of science, ethics, and law. This Commentary examines legal and moral challenges to three foundational patents held by the Wisconsin Alumni Research Foundation (WARF). We conclude that, in the United States, technical challenges may, paradoxically, produce a stronger patent position for WARF. In the European Union, moral challenges mean confusion for member states. We demonstrate that hES cell intellectual property will be guided and bound by a welter of moral, technical, and legal inputs, with discrete national and jurisdictional dimensions.     

Is Patent “Evergreening” Restricting Access to Medicine/Device Combination Products?

Background

Not all new drug products are truly new. Some are the result of marginal innovation and incremental patenting of existing products, but in such a way that confers no major therapeutic improvement. This phenomenon, pejoratively known as “evergreening”, can allow manufacturers to preserve market exclusivity, but without significantly bettering the standard of care. Other studies speculate that evergreening is especially problematic for medicine/device combination products, because patents on the device component may outlast expired patents on the medicine component, and thereby keep competing, possibly less-expensive generic products off the market.

Materials and Methods

We focused on four common conditions that are often treated by medicine/device product combinations: asthma and chronic obstructive pulmonary disease (COPD), diabetes, and severe allergic reactions. The patent data for a sample of such products (n = 49) for treating these conditions was extracted from the United States Food and Drug Administration’s Orange Book. Additional patent-related data (abstracts, claims, etc) were retrieved using LexisNexis TotalPatent. Comparisons were then made between each product’s device patents and medicine patents.

Results

Unexpired device patents exist for 90 percent of the 49 medicine/device product combinations studied, and were the only sort of unexpired patent for 14 products. Overall, 55 percent of the 235 patents found by our study were device patents. Comparing the last-to-expire device patent to that of the last-to-expire active ingredient patent, the median additional years of patent protection afforded by device patents was 4.7 years (range: 1.3–15.2 years).

Conclusion

Incremental, patentable innovation in devices to extend the overall patent protection of medicine/device product combinations is very common. Whether this constitutes “evergreening” depends on whether these incremental innovations and the years of extra patent protection they confer are proportionately matched by therapeutic improvements in the standard of care, which is highly debatable.     

Patentable subject matter: morally neutral and context free

AMP v. USPTO otherwise known as the ACLU/Myriad "gene patenting" case has famously pitted the American Civil Liberties Union (ACLU) against Myriad Genetics. DNA patent litigation is not novel, but this case is distinct from typical cases involving commercial rivals; heretofore neither side has an interest in the commercially suicidal attacking of the underlying concept of DNA patents. The ACLU, representing the plaintiffs, has no such qualms. And the ACLU is fighting dirty: the United States patent system is effectively moral and social-context neutral, but the ACLU has succeeded in making social and political concerns the highlight of their legal case, even reframing DNA as per our human understanding, as information, and as distinct from a simple double helical macromolecule. The relevance of the case exceeds the bounds of DNA patents, as reflected in the number of amicus briefs filed, and threatens many other industries, particularly those that rely on extracted biomaterials.     

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.     

Strategic patent analysis in plant biotechnology: terpenoid indole alkaloid metabolic engineering as a case study

The do‐it‐yourself patent search is a useful alternative to professional patent analysis particularly in the context of publicly funded projects where funds for IP activities may be limited. As a case study, we analysed patents related to the engineering of terpenoid indole alkaloid (TIA) metabolism in plants. We developed a focused search strategy to remove redundancy and reduce the workload without missing important and relevant patents. This resulted in the identification of approximately 50 key patents associated with TIA metabolic engineering in plants, which could form the basis of a more detailed freedom‐to‐operate analysis. The structural elements of this search strategy could easily be transferred to other contexts, making it a useful generic model for publicly funded research projects ¹ .     

Legal Regulation of Plant Genome Editing with the CRISPR/Cas9 Technology as an Example

The product-oriented and the process-oriented legal approaches to the regulation of genome editing technologies, CRISPR/Cas9 in particular, are considered. The relevant legislation of the United States and the European Union and some international treaties are analyzed. The issue of genome editing that is within the scope of GMO legislation and general legislation on risk assessment and regulation is addressed. The issue of patenting of gene editing technologies in the legislation of the United States and the European Union and under international law is considered. “Patent wars” between research teams that developed the CRISPR/Cas9 technology are described. The possibilities of obtaining patent protection for plants produced by genome editing are considered.