6. Osteoarthritis — Aggrecanase
• Aggrecanase
– Identify novel forms with improved stability
– Develop ways to
• Produce large amounts
• Isolate aggrecanase
• Purify aggrecanase
• Investigate aggrecanase role in disease
states
8. Intellectual Property: An Overview
Recognizing ownership in ideas generated by
creative thinkers.
– FDA Exclusivities
(US Food and Drug Administration)
– EMEA Exclusivities
(European Medicines Evaluation Agency)
– Trademark or Service Mark
– Copyright
– Trade Secret
– Patent
11. Trade Secrets
– Protect business or technical information
– Actual or potential commercial value
• unknown or unascertainable through
~ Independent development or
~ reverse engineering, and
– Maintained secret using reasonable effort under the circumstances
• Infinite protection as long as secret OR have tried to keep it that way
– Once out, no protection if no reasonable efforts.
• Need to have a confidentiality procedure in place, and follow that
procedure, before the trade secret is disclosed to ANYONE.
12. Copyrights
– Protect “original works of authorship”
– Idea expressed in a tangible form
– Life of author plus 70 years
Registration: Receive the exclusive right to:
• Protection is automatic but • Reproduce
registration allows you to sue • Create derivative works
infringers and receive statutory
• Distribute
damages plus attorneys’ fees
• Perform
• Easy and inexpensive
• Display the work publicly
13. Patents
– Protect inventions
• standard: useful, novel, and non-obvious
• Duration: 20 years from date of filing
What A patent protects: EXCLUDSIONARY right :
• Utility • EXCLUDE others from making,
– Machine using, selling, offering for sale,
– Process or importing in the U.S. The
product or process of the claim
– Article of manufacture
– Composition
Do not receive right :
– An improvement thereof
• To make or use the product or use
• Design (14 years from grant) the process of the claim
• Plant
14. The Patent Bargain
Inventor receives :
• Right to EXCLUDE others from making, using, selling,
offering for sale, or importing in the US
• Does NOT give the owner any right to make or use
Public receives:
• Disclosure of the best way to solve a problem
• Right to use that solution once the inventor’s rights are
exhausted
16. Plant Patents
• Protects asexually reproduced plant
varieties
• Duration is 20 years from date of
application
• There is only one claim in a plant
application
17. Utility Patents
“Anything under the sun that is made by man” (Almost)
– Machine
– Process
– Article of manufacture
– Composition
– An improvement thereof
Diamond v. Chakrabarty, 447 U.S. 303 (1980),
19. International Patent Protection
Patents are Territorial: Each Country Gets An Application.
Different Laws: Variations of the Same Application.
Treaties: PCT and Paris
Regional Patent Offices: WIPO, EPO, OAMPI, EAPO . . . .
United States: Everywhere Else:
– First to Invent – First to File
– Publication One Year – No Prior Publication
in Advance
20. Utility Patents
Utility patents are the most
common type of patent granted
by the USPTO.
Duration: 20 years from
date of application
(Plus Up to 5 years FDA
Exclusivity)
36. Requirements for Patentability
• Patentability over the prior art
– Novelty
– Non-obviousness
• Disclosure requirements
– Utility
– Specification
• Enablement
• Best mode
• Written description
36
42. Patent Summary
Patentability over the prior art
– Novelty
– Non-obviousness
• Disclosure requirements
– Utility
– Specification
• Best mode
• Enablement
• Written description
43. Patent Summary
• Specification
– Best mode
– Enablement
• Teach one skilled in the art
• Make and use the claimed invention
• Without undue experimentation
• Disclose nascent technology
– Written description
• Demonstrate applicant’s possession of the claimed invention
• Provide disclosure of structure, formula, chemical name, or
physical properties
43
44. Ways of Recognizing Ownership in Ideas
Generated by Creative Thinkers:
– FDA exclusivities
(US food and drug administration)
– EMEA exclusivities
(European medicines evaluation agency)
– Trademark or service mark
– Copyright
– Trade secret
– Patent