Lecture 4 continued Flashcards
Are bacteria and Cells patented?
Isolated from nature and genetically modified: For an organism to be patentable, it must be isolated from its natural environment and may need to be genetically modified.
- patent must state if isolated entity has been made public.
-The patent can also cover the method of producing the material using the cells,
What is biopiracy and PIC?
To prevent biopiracy (the unauthorized use of biological resources), the patent application should specify the origin of the bacteria and include a Prior Informed Consent (PIC) statement.
Can plants be patented ?
Yes but plants must be transgenic aka genetically modified
Not possible with plants
isolated from nature
But plant breeders rights
exist
Can animals be patented?
yes but must be trangenic Not possible with animals in nature
A transgenic goat comprising a nt
sequence encoding human
glucocerebrosidase, wherein the
human enzyme is secreted into the
goat’s milk
what stopped humans being genetically modified ?
Biotech Directive 1998
What is a method- process patent?
A method or process patent covers a series of steps or procedures that lead to a specific result or product
Can imaging be patented ?
Diagnostic method performed on the human body not patentable
– Computer programmes not patentable
* But!
* Imaging an artery is allowable, while trying to patent a
method of diagnosing heart disease is not patentable
Can diagnostic assays patented in EU?
EU: Yes: In the European Union, diagnostic assays can be patented. However, there is no explicit definition of a “diagnostic method,” which leaves some flexibility in interpretation.
Must be in vitro: The diagnostic methods must be conducted in vitro, meaning they are performed outside of a living organism, typically in a lab setting (e.g., testing blood or tissue samples).
Can diagnostic assays be patented in US?
In the U.S., certain diagnostic methods are not patentable due to restrictions established by the Supreme Court. Specifically, these methods fall outside the scope of 35 U.S.C. Section 101, but there is exceptions
Exceptions to supreme court ruling about diagnostic assays ?
Law of Nature: In the 2012 case of Mayo Collaborative Services v. Prometheus Laboratories
Natural Products: In Myriad Genetics (2013),
Abstract Ideas: The 2014 case of Alice Corp v. CLS Bank International
what was the Mayo Collaborative Services vs Prometheus Laboratories ?
In the 2012 case of Mayo Collaborative Services v. Prometheus Laboratories, the Supreme Court ruled that optimizing drug treatment methods was too routine and conventional, thus not patentable.
what was the Myriad Genetics case ?
Natural Products: In Myriad Genetics (2013), the Court ruled that isolated natural products, such as DNA or proteins, could not be patented if they were not significantly transformed from their natural state.
what was the Alice Corp vs CLS bank case?
Abstract Ideas: The 2014 case of Alice Corp v. CLS Bank International determined that abstract ideas, such as mathematical concepts or mental processes, are not patentable, including computer methods for assessing risk.
What is the budapest treaty ?
The Budapest Treaty was established in 1973 and later amended in 1980. It provides an international framework for the deposit of biological materials, such as microorganisms, in relation to patent applications.
Recognises virtual impossibility of reproducing a microorganism
from a description in the patent specification
* All states party to the Treaty are obliged to recognize
microorganisms deposited as a part of the patent disclosure
procedure with an international depositary authority
– 34 international depositories
what happens id Invention involves biological material no publicly available ?
If an invention involves biological material that is not publicly available and cannot be sufficiently described, it will only be considered disclosed under Article 83 if:
A sample of the biological material is deposited with a recognized institution, as per the Budapest Treaty, by the patent application filing date.
The application includes relevant information about the characteristics of the biological material available to the applicant.
rules for deposit of biological material ?
For the deposit of biological material in a patent application:
The depositary institution and accession number must be included in the application.
If deposited by someone other than the applicant, the application must state the depositor’s name and address, along with documentation showing the depositor’s authorization for the applicant to reference the material and consent to its public availability.
Access by third parties is restricted until the patent publication date (EU) or grant date (US), allowing for experimental use only.
exception to patentability ? article 53
Inventions whose commercial exploitation would violate public order or morality, even if not prohibited by law in all Contracting States.
Human cloning, germline modification of humans, and the use of human embryos for commercial purposes.
Plant or animal varieties and essentially biological processes for producing plants or animals (with an exception for microbiological processes and their products).
More exceptions to patentability ? article 53
Methods for treating the human or animal body through surgery, therapy, or diagnostic methods practiced directly on the body, as this would interfere with the Hippocratic Oath.
However, products (substances or compositions) used in these methods can be patented.
Methods for treating or diagnosing body tissues after they have been removed from the body are patentable, but the tissue cannot be returned to the same body.
When are trademarks renewed ?
every 10 years indefinitely but can be opposed
For trademarks whats the difference between R, TM and SM?
® (Registered Trademark): Indicates a trademark that has been officially registered with a government authority, granting statutory rights and legal protection.
™ (Trademark): Signifies an unregistered trademark, which does not have statutory rights. It relies on common law protection, typically after use for over five years.
SM (Service Mark): Similar to ™, it indicates an unregistered trademark used to identify services rather than goods.
What category of words can not be trademarked ?
-Generic: These are common terms for products or services and cannot be trademarked. For example, “hydrocortisone” is a generic term for a specific medication.
-Descriptive words uselful in marketing but cant be trademarked
-Arbitrary: These are common words used in an unrelated context (e.g., “Chiron” has no specific meaning related to a product).maybe trademarked
Fanciful: These are coined terms specifically created for a product (e.g., “Herceptin,” which suggests intercepting the HER2 gene). Fanciful marks are considered the strongest and most protectable type of trademark.
Steps in registering a trademark ?
- do search for similar trademarks
-do data base screening of trademarks via eg phone
-legal opinion
-makes sure its not generic trademark
-trademark registration is cancellable on the grounds that the mark
has become generic (Aspirin)
What is the life term of Copyright?
its life time of author or 70 years
Does a copyright need to be registered ?
No but date of creation proof needed and witness
