US Raises Economic Concerns About Proposals At WIPO On Patents And Genetic Resources 27/06/2018 by William New, Intellectual Property Watch Leave a Comment Normally known for sanguine views of rules to strengthen intellectual property rights globally, the United States government this week submitted a paper at the World Intellectual Property Organization putting forward private sector economic concerns about proposals to strengthen international rules for patenting of genetic resources aimed largely at helping developing countries.
On Questionable Legal Basis, US Court Expands Range Of Patentable Inventions 21/06/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment For more than a decade, the United States has been making it harder to obtain patents. A series of court rulings have steadily restricted the types of inventions that are patent-eligible. The tide, however, may be now turning. The Federal Circuit’s recent decision in Vanda Pharmaceuticals v. West-Ward Pharmaceuticals has opened the way to many future patents on biotech and personalized medicine. The ruling is a big step forward for the biotech and medical industries, and perhaps for patients seeking better medical care. But there’s a catch. Vanda could be overturned because it conflicts with the US Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories.
WIPO Workshop Looks At Potential Impact Of Reducing Patent Fees For Universities 19/06/2018 by Catherine Saez, Intellectual Property Watch 1 Comment The World Intellectual Property Organization’s main financial resource is from the global patent treaty it manages, allowing inventors to file international patent applications and gain protection in a large number of countries. WIPO members have been debating for some time whether universities should benefit from a fee reduction, in particular those from developing countries to encourage patent filing. A workshop held at WIPO this week pondered whether a fee reduction would lead to more patenting of inventions by universities. The answer is apparently not clear-cut.
MSF Challenges Gilead Hepatitis C Patent In China 19/06/2018 by Intellectual Property Watch Leave a Comment Médecins Sans Frontières (MSF, Doctors Without Borders) filed a patent challenge at the China State Intellectual Property Office today, asking for the invalidation of a Gilead patent on a hepatitis C medicine.
European Patent Office Discusses Patenting Artificial Intelligence 01/06/2018 by Monika Ermert for Intellectual Property Watch 1 Comment MUNICH — United States and Chinese patent practitioners this week called for considerations to change patent legislation and allow patenting algorithms in the future. They spoke at a 30 May conference of the European Patent Office in Munich on “Patenting Artificial Intelligence.”
O Paradoxo Das Patentes No Brasil E Suas Implicações Para O Acesso A Medicamentos 22/05/2018 by Intellectual Property Watch 2 Comments O sistema de patentes foi supostamente projetado para permitir a recuperação do investimento em pesquisa e desenvolvimento (P&D) de um novo produto, através da venda sob exclusividade por um período de tempo. Vários estudos relacionaram preços altos de medicamentos à situação de monopólio estabelecida pelo sistema de patentes e outros direitos de monopólio (como a exclusividade de dados). É bastante estabelecido que a existência de uma patente pode levar a preços altos devido à condição de mercado em que um produtor pode operar com exclusividade. Vários estudos relacionaram preços elevados de medicamentos à situação de monopólio estabelecida pelo sistema de patentes e outros direitos de monopólio (como a exclusividade de dados). Na ausência de concorrência, um produtor pode cobrar praticamente qualquer preço pelo seu produto. A concorrência, portanto, pode promover uma redução significativa de preços e aumentar o acesso.
US Patent System Remains 1st In The World, Despite Errors In Chamber Rankings 21/05/2018 by Intellectual Property Watch 1 Comment Over the past few months, US officials ranging from PTO Director Andrei Iancu to a number of Congressional members, most recently Rep. Kelly (Illinois-2), have cited to the Chamber of Commerce’s ranking of intellectual property systems, which has dropped the US patent system from 1st in the world to 12th. They cite the rankings as evidence that the US patent system is in urgent need of review. Unfortunately, the rankings are based on misinterpretations and falsehoods. These are worth noting ahead of a House Judiciary hearing Tuesday with Iancu testifying.
Patent Backlogs Fuel Efforts To Extend Pharma Patent Terms In Thailand And Brazil, AIDS Activists Say 18/05/2018 by Dugie Standeford for Intellectual Property Watch 17 Comments For a variety of reasons, Thailand and Brazil have huge backlogs of pharmaceutical patent applications. The delay in patent examinations is creating pressure on the countries to extend patent protection terms to the detriment of access to affordable medicines, AIDS organisations say.
The Patent Paradox In Brazil And Its Implications For Access To Medicines 18/05/2018 by Intellectual Property Watch 1 Comment Brazil is frequently pointed to as one of the countries in which fewer pharmaceutical patents are granted. The fact that there is a low number of patents granted could lead to the conclusion that medicines can be bought under competition and that the prices would be low. However, many medicines in Brazil are bought exclusively from one producer and usually at high prices. The situation of few granted patents, but many purchases under exclusivity due to absence of competition (which can lead to higher prices), is what we are calling the ‘patent paradox in Brazil’. In the absence of granted patents, what are the factors that lead to the situation of no competition and high prices in Brazil? This is the question that we, at the accessibsa: Innovation & Access to Medicines in India, Brazil & South Africa, aim to answer with a study currently being conducted at the Department of Medicines Policy and Pharmaceutical Services (NAF) of the Sergio Arouca National School of Public Health – ENSP/Fiocruz.
Trump Declares Intent To Stop Pharma Companies From ‘Gaming’ Patent System 11/05/2018 by William New, Intellectual Property Watch 2 Comments US President Trump today declared in a White House speech his intent to “take steps” to lower drug prices by stopping “gaming of regulatory and patent processes by drug makers to unfairly protect monopolies,” as well as increasing price transparency and promoting biosimilars and generics. But to do this, his administration will take on what it sees as “freeloading” on US innovation by foreign governments, and addressing “unfair” intellectual property and market access policies in trade agreements.