基本説明
It guides the reader through the legal and procedural complexities of the British, European, Japanese and US patent systems.
Full Description
The chemicals, pharmaceuticals and biotechnology industries worldwide rely upon being able to patent inventions in order to protect investment in research and development, and to reap commercial rewards. An increasingly globalised sector requires a global perspective, and this highly acclaimed book guides the reader through the legal and procedural complexities of the British, European, Japanese and US patent systems, and explains in detail the role of patent practitioners (both in-house and in private practice) in maximising the commercial potential of their client's or company's innovative products. This eagerly awaited fifth edition provides vital updating to take account of the latest legal developments, while retaining focus on the relevant technology and industry practices that sets it apart from more general book son patent law and procedure. Patents for Chemicals, Pharmaceuticals and Biotechnology provides the reader with a complete description of the techniques and industry know-how that underlie successful patent practice and portfolio management and will be invaluable to all patent agents and practitioners working in the area of patent law.
With its lucid and accessible presentation and practical approach, this book will also be welcomed by scientists, researchers and managers without a legal background.
Contents
PART I: INTRODUCTION AND BACKGROUND TO THE MODERN PATENT SYSTEM ; 1. THE NATURE AND ORIGINS OF PATENT RIGHTS ; What is a Patent? ; Early History in England ; Early History in Continental Europe ; Early History in America ; The Consideration for the Grant of a Patent ; 2. HISTORICAL DEVELOPMENTS ; UK 1800-2009 ; USA 1790-2009 ; Other Industrialized Countries ; Developing Countries ; International Developments ; Outlook ; 3. HARMONIZATION OF PATENT LAW ; Introduction ; The TRIPs Agreement ; TRIPs Implementation - Changes to Patent Laws ; Further Initiatives on Harmonization ; The Convention on Biological Diversity (CBD) ; Opposition to TRIPs ; Summary ; PART II: PATENT LAW AND PROCEDURE ; 4. WHAT CAN BE PATENTED ; The Requirements of the European Patent Convention and European National Laws ; The Requirements of United States Law ; Grace Periods ; Special Categories of Inventions ; 5. FILING A PATENT APPLICATION ; Should an Application be Filed? ; When to File ; Where to File ; The Foreign Filing Decision ; Non-Convention Filings ; European Patent Applications ; International Applications ; Registration and Patents of Importation ; Petty Patents ; 6. OBTAINING A GRANTED PATENT - PCT PROCEDURE ; PCT Procedure ; General ; Ch. I Filing an International Application ; Ch. II: The IPRP ; 7. OBTAINING A GRANTED PATENT - EPO PROCEDURE ; Procedure in the European Patent Office ; Appeals in the EPO ; 8. OBTAINING A GRANTED PATENT - NATIONAL PROCEDURES ; Types of Examination ; Deferred Examination ; Oppositions ; Procedure in the United Kingdom ; Procedure in the USA ; 9. MAINTAINING A PATENT IN FORCE AND EXTENDING THE PATENT TERM ; Patent Term ; Renewal Fees ; Extension of Term ; Extensions to Compensate for Regulatory Delays ; Working Requirements ; Licences of Right ; 10. ENFORCING PATENT RIGHTS ; What Constitutes Infringement ; Infringement in the UK ; Infringement in the USA ; Procedure in the UK ; Procedure in the USA ; Procedure in Continental Europe ; Procedure in Asia ; PART III: PATENTABILITY OF INVENTIONS IN SPECIFIC TECHNICAL FIELDS ; 11. INVALIDITY AND AMENDMENT OF GRANTED PATENTS ; Grounds of Invalidity in the UK ; Revocation Proceedings ; Amendment of British Patents ; Invalidity and amendment in the USA ; Invalidity and Amendment in the EPO ; 12. CHEMICAL INVENTIONS ; Novel Compounds ; Selection Inventions ; Disclaimers ; Compounds of Unknown Structure ; Polymeric Compounds ; New Salt Forms ; New Physical Forms ; New Synthetic Processes ; Analogy Processes ; New Compositions and Mixtures ; New Uses and new Application Processes ; 13. PHARMACEUTICAL INVENTIONS ; New Chemical Entities ; Pharmaceutical Compositions ; First Pharmaceutical Use ; Second Pharmaceutical Use ; Scope of SPC Protection ; Regulatory Data Exclusivity ; Orphan Drug Exclusivity ; 14. BIOTECHNOLOGICAL INVENTIONS ; What is Biotechnology? ; Patents and Biotechnology ; Microbiological Inventions ; Recombinant DNA Technology ; Monoclonal Antibody Technology ; More Recent Technologies ; 15. PATENTING OF GENES, PLANTS AND ANIMALS ; Patents and Life ; Human Genes ; Transgenic Animals ; Transgenic Plants ; Patenting of Animals, Plants and Human Cells ; Morality Issues ; Patents for Life - from Bacteria to Oncomice ; Why are Patents being Targeted? ; PART IV: PATENTING IN PRACTICE ; 16. SOFTWARE-RELATED AND BUSINESS METHOD INVENTIONS ; Relevance of Software and Business Method Inventions to Chemistry and Biotechnology ; Patenting of Software-Related Inventions in the EPO ; Patenting of Software-Related Inventions in the UK ; Patenting of Software-Related Inventions in the USA ; Business Method Patents ; 17. THE PATENT PRACTITIONER AND HIS FUNCTIONS ; The British Patent Profession ; The Patent Profession in the USA ; The Patent Profession in other Countries ; European Patent Attorneys ; Patent Attorneys in Private Practice ; Industrial Practice ; The Job of the Patent Practitioner ; 18. DRAFTING THE PATENT SPECIFICATION ; Drafting the Scope ; The Structure of the Patent Specification ; Priority and Foreign Filing Texts ; Background of the Invention and Prior Art ; US Sufficiency Requirements ; Sufficiency Requirements in the UK and the EPO ; Sufficiency Requirements in other Countries ; Special Requirements for Biotech Inventions ; Length of Text ; 19. DRAFTING THE CLAIMS ; The Purpose and Nature of Patent Claims ; Form of Claims ; The Scope of the Claims ; 20. PROSECUTION OF THE PATENT APPLICATION TO GRANT ; Lack of Unity ; Lack of Novelty ; Lack of Inventive Step ; Interviews with the Examiner ; PART V: COMMERCIAL EXPLOITATION OF PATENTS ; 21. INVENTORSHIP, OWNERSHIP AND COMPENSATION ; Inventorship in the UK ; Inventorship in the EPO ; Inventorship in the USA ; Ownership ; Compensation for Employee Inventors ; The Right to Apply for a Patent and to be Granted a Patent ; Co-ownership ; Disputes as to Ownership ; Recordal and Transfer of Ownership ; 22. COMMERCIAL EXPLOITATION OF PATENTS ; Patents to Exclude the Competition - the Pharmaceutical Industry ; Patents for Survival - the Biotechnology Industry ; Patents as a Source of Royalty Income - Universities ; Patents as Lottery Tickets - Individual Inventors ; Patents as Bargaining Chips - the Electronics Industry ; 23. HOW TO CATCH THE INFRINGER - AND HOW NOT TO BE CAUGHT ; From the Viewpoint of the Patentee ; From the Viewpoint of the Potential Infringer ; 24. PATENT ASPECTS OF LICENSING ; Patent Conflict Licences ; Technology Transfer Licences ; The In-licensing Process ; Out-Licensing - Patent Strategy for the Licensor ; Research Collaboration Agreements ; Contract Research Agreements ; Funding Agreements ; Compound Purchase Agreements ; Licence Contracts ; 25. PATENTS AND COMPETITION LAW ; Charges against the Patent System ; Competition Law - United Kingdom ; Competition Law - EU ; Patent Licence Agreements in the EU ; Competition law - USA ; Collaboration between JD & EC Commission
