Detailed overview of patents 2

Question 1

Mechanical devices and articles of manufacture

Answer 1

• traditional inventions; publicly available prior arts may be long established (i.e. hockey skates)

Question 2

Processes/methods

Answer 2

• many are related to a physical device
• patentee is not limited to seeking protection using only one type of claim –> application can include both apparatus and method claims
  (e.g. can patent both new apparatus for filtering/purifying plant extracts and the filtration method)

Question 3

Chemical compositions or compounds

Answer 3

• …arising in pharma, biotech, materials science and petrochemicals
  e.g. acetylsalicylic acid (chemical compound that relieves headaches)
• most individually profitable
• must be filed prior to public disclosure following rigorous testing
• often companies will file many applications on a variety of compounds to protect them while still in early stages of testing.
  
  • many are abandoned / manufacturers subsequently learns compound is either not effective or unsafe.

Question 4

Isolated and characterized molecules

Answer 4

• patents for molecules that have been isolated and characterized according to their function and potential utility.

Question 5

Genetic organisms / gene sequences

Answer 5

1. In countries’ where patentable, such inventions assign functional purpose to genetic sequence…
2. Mere sequence without indication of a function is not a patentable invention.
3. If a protein or part of protein is produced must specify which protein or part is produced and the function of the protein.
4. some countries do not consider genetic materials to be patentable subject matter/apps rejected on the ground that the sequence is part of nature.

Question 6

Prohibitions for inventions assoc. with methods of treatment of the human body

Answer 6

• special attention when drafting claims for new uses of known pharma and for methods of treating various conditions w/ novel compounds.

Question 7

Computer programs

Answer 7

1. different countries, different rules on patentability.
2. software-implemented invention considered patentable in many countries.
3. may be a system, method and /or apparatus for achieving a certain end by running a computer program.
4. some computer programs that implements through software instructions, a useful function in a new way. e.g. making computer program process data more efficiently and faster.

Question 8

Improvement Patent Example: Inventor A holds patent for an apparatus used to fill medicine bottles. Later Inventor B receives patent for a filling apparatus, improves Inventor A’s invention, filling bottles more quickly with less spillage in novel way…

Answer 8

1. Inventor B may not be able to practice patent B without consent from Inventor A if covered by scope of patent A’s claims.
2. Consent likely sought through licensing negotiation; both A and B recognize commercial and financial advantages of cooperation.
3. as a territorial right, if Inventor A obtains patent in US only, Inventor B can produce and sell its improvement in any other country assuming there are no other patents in those covering the scope of Inventor B’s machine.

Question 9

Improvements

Answer 9

1.most patents are for inventions that are improvements on prior inventions.
2. “Improvement patent” –> new patent that covers an improved or enhanced effect…