Read e-book online Intellectual Property and Health Technologies: Balancing PDF

By Joanna T. Brougher

ISBN-10: 1461482011

ISBN-13: 9781461482017

ISBN-10: 146148202X

ISBN-13: 9781461482024

Intellectual estate and future health Technologies

Balancing Innovation and the Public's Health

Joanna T. Brougher, Esq., MPH

At first look, possession of highbrow estate turns out straight forward: the keep watch over over an invention or concept. yet with the new explosion of latest clinical discoveries poised to remodel public overall healthiness and healthcare platforms, high priced and long patent disputes threaten either to undermine the makes an attempt to increase new clinical applied sciences and to maintain most likely life-saving remedies from sufferers who desire them.

Intellectual estate and well-being Technologies grounds readers in patent legislations and explores how clinical study and firm are evolving in reaction. Geared in particular to the clinical disciplines, it differentiates between varieties of criminal defense for inventors comparable to copyrights and patents, explains their limits, and argues for stability among competing forces of exclusivity and availability. Chapters delve into the foremost criminal controversies referring to clinical and biotechnologies when it comes to pricing, markets, and particularly the strain among innovation and entry, including:

  • The patent-eligibility of genes
  • The patent-eligibility of scientific procedure patents
  • The rights and roles of universities and inventors
  • The balancing of entry, innovation, and revenue in drug development
  • The pressure among biologics, small-molecule medications, and their customary counterparts
  • International patent legislations and entry to drugs within the constructing world

As those matters proceed to form and outline the talk, Intellectual estate and future health Technologies permits execs and graduate scholars in public future health, wellbeing and fitness coverage, healthcare management, and medication to appreciate patent legislations and the way it impacts the improvement of clinical know-how and the supply of drugs.

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Extra resources for Intellectual Property and Health Technologies: Balancing Innovation and the Public's Health

Sample text

The new derivation proceedings are designed to ensure that the person who filed the application first is the actual inventor and did not derive the invention from another person. Last, the AIA revises and expands upon post-grant opposition proceedings by allowing supplemental examination, adding preissuance submissions by third parties, adding post-grant review, and expanding inter partes reexamination. Prior to issuance of a patent, the AIA allows supplemental examination of a patent application, which allows patent owners to request the USPTO to consider, reconsider or correct information that may be relevant to the patent.

Chapter 2 Obtaining, Enforcing and Defending Patents This chapter focuses on the law governing patents and is primarily concerned with discussing the legal issues surrounding the requirements for obtaining a patent, enforcing a patent against a possible infringer, and also defending a patent against attempts to invalidate it. Obtaining Patent Protection In order to obtain a patent, several requirements must first be satisfied. 2 Although the requirements seem different, they are actually very similar.

Once the meaning or scope of a claim has been determined, a court examines whether the accused product infringes the claim. The accused product can fall within the scope of the patent claim in one of two ways, either literally or under the doctrine of equivalents. Under literal infringement, every limitation of a patent claim must be found in the accused product. Failure to meet even a single limitation in a claim is sufficient to negate a claim of literal infringement. Determining whether a product literally infringes a patent claims involves identifying the limitations of a claim and then determining whether each limitation is literally present in the accused product.

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Intellectual Property and Health Technologies: Balancing Innovation and the Public's Health by Joanna T. Brougher

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