Foreign Patents Research Articles

Determinants of foreign patents in China

Abstract This study examines patterns of foreign patents and their determinants in China from 1985 to 1999. It reveals that China’s patent system is not significantly different from those in most countries, though it is more oriented towards promoting technology diffusion rather than protecting inventors’ rights. Since China patent law came into force in 1985, foreign patents, as well as China’s domestic patents have been growing rapidly. The study confirms the substantial differences between foreign patents in China and China’s domestic patents revealed by previous studies. First, foreign patents primarily fall within the category of inventions, whereas the majority of Chinese domestic patents consist of utility models and industrial designs. Second, foreign patents in China are largely awarded to organizations, while individuals comprise the majority of Chinese domestic patentees. Third, foreign patents in China concentrate in a small number of advanced and newly industrialized economies (NIEs). In addition, this study finds that foreign patents in China are primarily driven by demand factors such as imports from the origin countries, while innovative capabilities of the origin countries or their distances from China are not very significant yet. Finally, this study reveals that innovative capabilities of foreign countries are starting to show significant impacts on their patents in China, particularly on inventions, indicating increasing competition in the Chinese market.

MT 300--POZEN: dihydroergotamine mesylate injection.

MT 300 is an injectable formulation of dihydroergotamine mesylate (DHE; a serotonin 5-HT1 receptor agonist) that is being developed by POZEN for the acute treatment of migraine. POZEN intends to present MT 300 as a prefilled syringe that can be administered alone, or with an autoinjector. In September 2003, POZEN announced that it had formed a commercialisation agreement with Xcel Pharmaceuticals. Under the terms of the agreement Xcel will have exclusive rights to commercialise MT 300 in the United States, and will pay POZEN upfront and milestone payments, as well as royalties on future sales. In December 2002, POZEN submitted an NDA to the US FDA for MT 300 for the acute treatment of migraine with or without aura. In March 2003 POZEN announced that its New Drug Application (NDA) for MT 300 had been accepted for filing by the US FDA. Two phase III trials have been completed in the US. Both studies, the first involving 619 patients with migraine and the second (and final study) involving 550 patients with migraine, have produced promising results. POZEN received a US patent (6,495,535) with claims related to therapeutic packaging of dyhydroergotamine in a prefilled syringe. This is the first issued patent for MT 300. POZEN has multiple pending foreign patent applications. The patents have claims regarding liquid pharmaceutical compositions for the treatment of migraine, which contain concentrated dihydroergotamine.

Nanotechnology strength indicators: international rankings based on USpatents

Technological strength indicators (TSIs) based on patent statistics for 1975–2000are used to analyse patenting of nanotechnology in the USA, and to compileinternational rankings for the top 12 foreign patenting countries (namelyAustralia, Canada, France, Germany, Great Britain, Italy, Japan, Korea,the Netherlands, Sweden, Switzerland and Taiwan). As the indicatorsare not directly observable, various proxy variables are used, namely thetechnological specialization index for national priorities, patent shares forinternational presence, citation rate for the contribution of patents toknowledge development and rate of assigned patents for potential commercialbenefits. The best performing country is France, followed by Japan andCanada. It is shown that expertise and strength in nanotechnology are notevenly distributed among the technologically advanced countries, with theTSIs revealing different emphases in the development of nanotechnology.

New Railhead: Debunking the Provisional Priority Myth

In a cae of first impression, the Federal Circuit New Railhead puts an end to the patent myth that an American provisional patent application permits American small businesses, universities and individual inventors to take a break from patent reality for one year. The myth would let anyone simply stamp in a raw disclosure without claims; then, the applicant would have one year to spend the money to draft a proper disclosure and claims as a regular patent application. The myth runs that priority will then be granted back to the provisional date if the claims of the new application cover the invention found the raw disclosure. One may ask why the myth has endured for the more than seven full years that the provisional system has been up and running. The answer lies the hidden nature of the problem, one that is often unknowingly fatal to foreign patent rights. See § II, A Hidden Myth. It is only generally litigation that domestic defects are uncovered; hence, it has taken fully seven years for ...

Patent Rights and Trade: Analysis of Biological Products, Medicinals and Botanicals, and Pharmaceuticals

AbstractThis article analyzes the effects of foreign patent rights on U.S. bilateral exports. The empirical analysis covers three highly disaggregated drug industries over three decades. We estimate bilateral trade equations for each industry using cross‐country data on the strength of national patent rights. The findings show that strong foreign patent rights enhance the market power of U.S. drug exporters across countries with weak imitative abilities. Alternatively, strong foreign patent rights stimulate the market expansion of U.S. drug exports across countries with strong imitative abilities. These effects are larger in magnitude during the 1980–90s relative to the 1970s.

Rules & Regulations

Australian Hospitals to Recycle Used Equipment. Imitators of Foreign Patent Medicine to Pay US$1 Billion. Foreigners Allowed to Sit for Medical Practitioners Exam. Japan Mulls Prison Terms for Food Mislabeling. Stiffer Law for Sale of Health Products. Thailand Examines Low-cost Health Scheme.

How do foreign patent rights affect U.S. exports, affiliate sales, and licenses?

This paper analyzes how foreign patent rights (FPRs) affect US exports, affiliate sales, and licenses. Our approach is distinctive in three ways. We apply ownership, location, and internalization concepts to link FPRs with servicing decisions. We account for the simultaneity of servicing decisions. We estimate the relative effects of FPRs on exports, affiliate sales, and licenses. Empirical findings show strong FPRs increase US affiliate sales and licenses, particularly across countries with strong imitative abilities. Further, FPRs have a larger effect on US knowledge transferred outside the country and firm, relative to knowledge located inside the country and internalized inside the firm.

Eastern European patenting activities in the USA

The patenting activities of the former centrally planned economies in the US between 1976 and 1999 are examined. The technological performance of Eastern Europe is assessed and compared with that of the OECD countries. A sharp decline is observed as a consequence of the economic changes undergone by these countries in recent years. The study reveals some common technological strengths, such as in the areas of petroleum, coal, chemicals and other related products, and country-specific advantages, such as in mining in the former USSR, Poland and Bulgaria, textiles, clothing, footwear and leather in the former Czechoslovakia, printing, publishing and recorded media in the former East Germany, health in the former Yugoslavia, energy in Romania and design in Slovenia. Recommendations are made for the future use of foreign patents.

Prototype constant-efficiency amplifiers

This paper describes two constant efficiency amplifiers (CEA) using cathodes, novel grids and novel cavities similar to those used in our inductive output tubes together with five-electrode, multi-stage, depressed collectors in either poly alpha olefin (PAO) oil-cooled or forced-air-cooled versions. The air-cooled version is capable of 65 kW peak 8VSB or COFDM operation, and the oil-cooled tube will provide the performance of our higher power IOTs in either 8VSB, COFDM or NTSC service with much higher average efficiency. The PAO oil (similar to synthetic automobile engine oil) is a low-cost coolant that simultaneously solves insulation and corrosion problems. These tubes meet the expectations that were discussed in our previous papers. The design and performance are described together with application data useful to transmitter designers. Collectors may be connected together to minimize the number of independent voltages required or operated independently to maximize efficiency and minimize power supply size for a wide variety of signal statistics. A single thyratron crowbar circuit which will simultaneously short circuit up to five voltage sources is described. The CEA design and its application are covered by US and foreign patents issued and pending. Adoption of this technology will save television broadcasters in the order of one billion dollars of electrical power cost over the life of these patents.

Trade, Patents, and International Technology Diffusion

This paper investigates similarities and differences between developed and less developed countries in international technology diffusion. We measure international technology spillovers in trade, patents, and in disembodied forms. We find that all countries benefit from foreign technology. However, DCs and LDCs benefit from different pools of foreign technology. Total factor productivity in DCs is associated with world R&D input, while that in LDCs with locally patented foreign technology. We identify several determinants of the foreign patenting rate. Patent protection is found to be a key for LDCs to receive foreign technology.

Foreign patenting behaviour of small and large firms

This research investigated differences in foreign patenting by small and large US businesses. The evidence suggests that a smaller proportion of small business patents are filed outside the US and they are filed in fewer countries, on average, than are large business patents. When only patents that are also filed outside the US are considered, however, there is no difference in the number of countries in which small and large company patents are filed.

Technological Relevance of Science: An Assessment of Citation Linkages between Patents and Research Papers

Patent citations to the research literature offer a way for identifying and comparing contributions of scientific and technical knowledge to technological development. This case study applies this approach through a series of analyses of citations to Dutch research papers listed on Dutch-invented and foreign patents granted in the US during the years 1987–1996.

Technological Development and Foreign Patenting: Evidence from 19th-Century Australia

Poor patenting performance is often taken as a sign of low inventiveness. This article explores this belief by looking at the case of 19th-century Victoria, where the level of foreign patenting consistently grew at a much faster rate than that of local patenting. By mapping movements in both foreign and Australian revealed technological advantage in Victoria in this period, this article demonstrates that this faster rate of foreign patenting was due not to the technological weaknesses of the Australian colonies, but rather to the nature and timing of their economic development.

Innovation and Profitability of Global Food Firms. Testing for Differences in the Influence of the Home Base

In previous research it has been assumed that the performance of enterprises in global markets, especially companies in high-tech sectors, is often associated with the amount of effort devoted to innovation by the home country. In this article I test empirically such assumptions in a low-tech sector, the food and beverage processing industry, with evidence provided by a sample of 4572 foreign patents granted to nationals from major OECD countries over 1969–88 and data on 96 major multinationals. In contrast with most previous research, this study investigates within-industry differences in the impact of the home base. My findings show that the theory is applicable to low-tech sectors. However, the impact of the home country is not homogeneous within industries, and depends on size and international experience of firms. Smaller multinational enterprises and newcomers achieving high profitability tend to be based in countries where the food and beverage national industry is technologically intensive, whereas geography is less crucial to explaining the international performance of very large companies.

Technological 'Catching-up' Potential of Central and Eastern Europe: An Analysis Based on US Foreign Patenting Data

This paper explores the potential for central and eastern Europe to catch up based on patent data. We analyze patent dynamics, sectoral specialization and the institutional basis of patenting activity in the US from 1969 to 1996. Our main conclusions are that, (1) income levels and growth rates are more important in determining foreign patenting activity than past institutional arrangements, (2) the technology competence of central and eastern Europe is path dependent; and (3) there are significant inherited inter-country differences that influence current patterns of adjustment. Analysis shows that knowledge spillovers will most likely occur in those areas that still have patentable inventions such as the engineering industries and pharmaceuticals.

Biotechnology Inventions: What Can We Learn from Patents?

This paper explores several characteristics of patents in the biotechnology field, comparing and contrasting them to patents in other fields of research. We find that biotechnology patents face a longer lag between application and grant date, and their secrecy would be heavily affected if legislation were to permit publication 18 months after application. They are highly concentrated geographically, as well as in industrial origin, and are used most heavily in the health sector, but have a wider spread in use than in origin. They use many more (and much more recent) references than the average patent, with a special weight on academic or scientific literature, foreign patents, and a tight circle of research fields. While they are not cited frequently on average, their use as germplasm is rising. Future research should focus on the questions that have been uncovered.

The legal aspects of authoring technical articles and books

Whether writing an article for a technical journal or writing a book, certain preliminary evaluations must be made, and the terms and conditions governing the relationship between the publisher and the author or authors must be established. If the technology was generated by the author as an employee within the scope of employment or under a consulting agreement or other agreement that might place the ownership of copyright, patent rights, or trade secrets with someone other than the author, approval must be obtained from the owner. Under work-for-hire concepts, one who engages an employee or certain others to create a work is regarded as the owner of copyright in the work. Therefore, the person creating the work under such circumstances does not have the right to publish the same without consent or a license. To the extent that trade secrets might be involved, the owner might not be willing to have the information published. In addition, publication could result in the immediate loss of foreign patent rights and loss of U.S. patent rights one year after the date of publication. Often, the owner will consent if given the right to review a manuscript to make sure that important confidential technology is not revealed to the public. Important decisions must be made with respect to the naming of authors of the article or book. Not only must consideration be given to proper attribution of authorship, but there have also been instances where a coauthor has regarded the work as being incomplete or inferior to the extent that he or she did not want to appear as a coauthor. Publishing technical articles frequently involves a simple understanding of the terms and conditions under which the article will be published. One important consideration is whether the publisher or the author or authors will own the copyright in the published work. If the publisher is to own the rights, the author should give consideration to what reservations the author might desire to make in terms of future use of the material in other publications, reproductions of the article, and the right to make derivative works from the article. Publishers frequently look to the sale of reprints as an additional source of income. In general, there should be a The Legal Aspects of Authoring Technical Articles and Books

Electrostatic endothelial cell transplantation within smalldiameter (

This article presents a novel, clinically relevant electrostatic endothelial cell transplantation (seeding/sodding) device (U.S. & Foreign Patent Protections Pending) for smalldiameter (<6 mm) vascular prostheses. The prototype apparatus was designed and built to tissue engineer 4.0 mm, I.D. GORE-TEX® (W.L. Gore & Associates, Inc.) standard wall graft segments varying in length from 4 to 12 cm. The prototype electrostatic endothelial cell transplantation apparatus is composed of an external and internal conductor, aluminum base, end supports, pillow blocks, filling apparatus, electric motor drive system, and a voltage source. The cylindrical capacitor arrangement of the device along with an electrical potential applied across the internal and external conductors creates the unique feature of this endothelial cell transplantation technique, an electric field within the cylindrical capacitor (within the graft lumen) which in turn induces a temporary positive surface charge on the graft (dielectric material) luminal surface. Multiple studies have shown that a positively charged substrate is more conducive to endothelial cell adhesion and morphological maturation (flattening) (1,2, 7,8,10,13–15). This induced positive surface charge dissipates immediately upon removal from the electrostatic endothelial cell transplantation device. Thus, after endothelial cell adhesion the graft luminal surface reverts back to its natural (nonthrombogenic) negative surface charge.

Electrostatic Endothelial Cell Transplantation within Small-Diameter (&lt;6 MM) Vascular Prostheses: A Prototype Apparatus and Procedure

This article presents a novel, clinically relevant electrostatic endothelial cell transplantation (seeding/sodding) device (U.S. & Foreign Patent Protections Pending) for small-diameter (<6 mm) vascular prostheses. The prototype apparatus was designed and built to tissue engineer 4.0 mm, I.D. GORE-TEX (W.L. Gore & Associates, Inc.) standard wall graft segments varying in length from 4 to 12 cm. The prototype electrostatic endothelial cell transplantation apparatus is composed of an external and internal conductor, aluminum base, end supports, pillow blocks, filling apparatus, electric motor drive system, and a voltage source. The cylindrical capacitor arrangement of the device along with an electrical potential applied across the internal and external conductors creates the unique feature of this endothelial cell transplantation technique, an electric field within the cylindrical capacitor (within the graft lumen) which in turn induces a temporary positive surface charge on the graft (dielectric material) luminal surface. Multiple studies have shown that a positively charged substrate is more conducive to endothelial cell adhesion and morphological maturation (flattening) (1,2, 7,8,10,13-15). This induced positive surface charge dissipates immediately upon removal from the electrostatic endothelial cell transplantation device. Thus, after endothelial cell adhesion the graft luminal surface reverts back to its natural (nonthrombogenic) negative surface charge.

Chinese Patent Information: Significant Resources

In the past dozen years, the number of Chinese patent applications has increased steadily. Chinese patent documents are published in print and on tape and CD-ROM. Nearly 50 million patent documents and more the 20 CD-ROM titles, covering 18 countries, are gathered in the Chinese Patent Office. Computerized information systems for Chinese patents have been developed, and a variety of patent information services are offered. The main subclasses of Chinese patent application and foreign patent applications are in different chemical fields.