Lecture 5_Intellectual property and patents Flashcards
(26 cards)
What is Intellectual Property (IP)?
Legal rights granted to individuals or organisations for creations of the mind, such as inventions, designs, artistic works, and commercial symbols
Why is IP important in biotech?
It protects innovations, helps recoup R&D costs, and gives inventors a competitive advantage through legal exclusivity
List the main types of IP.
Patents
Trademarks
Copyright
Trade secrets
Plant Breeder’s Rights
Design rights
What are patents?
Legal rights to exclude others from using a novel, useful, and inventive product, method, or process
What are trademarks?
Legal protections for unique names, logos, symbols, or slogans used to distinguish products/services
What is copyright?
Automatically protects original works (literary, musical, artistic, etc.) from reproduction or distribution without permission
What are trade secrets?
Confidential business information that gives a company a competitive edge, protected through secrecy rather than registration
Patent life span
Typically 20 years
What is a patent
A legal document granting exclusive rights to an invention for a set period in exchange for public disclosure of the invention
What is required for something to be patentable?
Novelty – must be new
Inventive step – not obvious
Utility – must be useful
Reasonable claim scope
What is prior art?
Any publicly available information before a patent’s filing date that can challenge its novelty
What is the purpose of patents in biotech?
To incentivise innovation, attract investment, and support commercialisation through exclusivity
What is a patent specification?
A detailed written description of the invention, including claims, background, and examples
What are patent claims?
Legal statements in a patent that define the scope of protection. They are examined by patent offices and tested in infringement cases
List the main types of patent claims.
Independent/Dependent Claims
Apparatus Claims
Method Claims
Composition of Matter Claims
Product-by-Process Claims
Purpose-Limited Use Claims
Software Claims
What are composition of matter claims?
cover chemical compounds, mixtures, or formulations
What are method of treatment claims?
Claims describing steps for treating a condition using the invention
What are (Use) purpose-limited claims?
Protect a specific application of an invention
What is an Independent and Dependent Claims
Define the broadest scope of the invention. They do not
reference other claims
what is a Product-by-Process Claim
Define a product based on how it is made. Used when a product is
difficult to describe without referring to its manufacturing process.
What is the typical pathway to a granted patent?
Provisional application
Complete application
Examination
Grant
Can patents be opposed?
Yes—Australia allows pre-grant opposition. Europe and the US allow post-grant challenges
What affects IP ownership in a university setting?
Employment contracts
Research funding agreements
University IP policies
At UniMelb, IP created by staff or postgrads is university-owned if offered post-October 2023
What can destroy novelty before filing a patent?
Public disclosure through publications, conferences, social media, or grant applications
