Patent Law Research Articles

CREATING DIGITAL DICTIONARIES OF LOCAL LANGUAGES AND UPGRADING SCHOOL TEACHERS PATENT KNOWLEDGEIN KONAWE AND EAST KOLAKA REGENCIES

Community Service Activities by a Team of Lecturers (Lecturers) of the Faculty of Law, Lecturers of Faculty of Cultureand Lecturers of Informatics Engineering Faculty of Engineering Haluoleo University at SDN 2 Puosu and SDN 1 SendangMulyasari in Konawe and East Kolaka Regencies, Southeast Sulawesi Province. This activity was carried out for 6 months starting from observation, coordination and consolidation with SDN 2 Puosu and SDN 1 SendangMulyasari followed by preparation of teaching materials, IPR / Patent laws, provision of Digital Dictionary Applications and Information Systems, implementation of activities and preparation of reports.The purpose of this Community Service activity is to provide knowledge about IPR / Patent Laws for Teachers and Students of SDN 2 Puosu and SDN 1 SendangMulyasari in Konawe and East Kolaka Regencies to implement the Creation of Regional Language Digital Dictionaries that can be used for learning students and teachers through the knowledge transfer process. And campaigning for pirated IPR / Patent laws and the use of Regional Language Digital Dictionary Copyrights to create Digital Dictionary Applications and Information Systems that can be used for students and teachers to learn at the office and at home.Some important materials presented in this Community Service Activity are socializing IPR / patent laws, understanding patent laws, copyright use of digital dictionaries of local languages, making applications and digital dictionary information systems, and others.The results obtained from this activity are expected to be able to understand IPR / Patent Laws and Copyright Use of Regional Language Digital Dictionaries for making Digital Dictionary Applications and Information Systems, especially for Teachers and Students of SDN 2 Puosu and SDN 1 SendangMulyasari in Konawe and East Kolaka Regencies, as well as additional knowledge and insight into the world of information technology. And it is hoped that it can help spread IPR / Patent laws and Copyright Use of Digital Regional Language Dictionaries as a form of implementation and educate students and teachers regarding the preservation of regional languages.

Artificial Intelligence and evolving issues under US copyright and patent law

The proliferation of AI tools in the arts, commercial design industries, and other endeavours has raised core questions regarding who or what actually supplied the alleged creative or inventive elements, if any, to the AI system’s output. In both US copyright and patent law the question focuses on a case-by-case analysis as to how much of the final product evidences human ‘authorship’ or invention. Also, creativity as well as infringement, can be located in various phases of the AI system’s creation, ingestion of training materials, management, and operation – including its output, whether affected prior to the output or after it. Issues such as liability for selecting ingestion materials or target data, as well as the potential inadvertent triggering of patent law’s bar date through use of specific AI systems, have also come to the forefront of AI’s potential to secure, forfeit, or impact claimed proprietary rights in AI-assisted creative and inventive activities. Several alternative intellectual property and unfair competition approaches that can supplement or supplant copyright and patent law principles also come into play as users of AI seek to protect the products of their efforts.

PROBLEMS OF CIVIL REGULATION OF THE USE OF DIGITAL RIGHTS IN VENTURE INVESTMENT

The purpose of the research. The article examines the features of the legal regulation of the circulation of utilitarian digital rights in Russia in the field of venture investment in order to identify ways to intensify the use of this tool to attract financing for innovative projects. Results. An analysis of the legislation of the Russian Federation on the circulation of digital rights was carried out, and it was concluded that the potential for using these assets in venture investment is not realized in practice, since the law prohibits the issuance and circulation of utilitarian digital rights that establish the obligation to transfer property subject to state registration. In particular, this entails the impossibility of issuing utilitarian digital rights tied to the transfer of rights to objects of patent law. It is noted that there are currently infrastructure solutions that in the future may serve as the basis for expanding the use of digital rights in venture investment, if legal barriers are eliminated and in the case of mandatory connection to the information system in which the issuance of utilitarian digital rights is carried out, authorized registration bodies and legislative regulation of the procedure for the exchange of information between participants in such a system and registration authorities. It is concluded that in the field of intellectual property, the RCIS.RF system could serve as an organizational and technological basis for the implementation of these proposals, subject to the removal of legal barriers.

International Patent Law Conflicts With the Right of Access to Medicines and Healthcare: Key Aspects

This article is dedicated to the legal conflicts between international patent law and the right ofaccess to medicines and healthcare. This article discusses the problem above under the light ofthe framework of the international agreements, mainly WTO Agreement on Trade-RelatedAspects of Intellectual Property Rights (TRIPS Agreement) and Doha Declaration on the TRIPSagreement and public health. As we know, patents give exclusive rights to the inventors to usetheir innovations for a long period of time. This limits the ability of public to get easy access tomedications, consequently to indispensable healthcare. It is undoubtable that the quality of lifeand the healthcare of the public is an absolute priority. On the contrary, the expropriation ofpatent rights, inadequate compensation of damages for issuing the compulsory licensing mayhave irreversible consequences for the states. Foreign investor may file claims against thegovernmental authorities to ad hoc or permanent arbitral institutions.

Inventive Indians: Technological Imaginaries and Patenting Activity in Late Colonial India (1911–48)

The Patent Act extended to colonial India in 1859 introduced to Indians the right to file a patent for an invention. The article locates India as a site for invention and innovation, not by looking at the legal evolution of the law or the inventions themselves, but at the Indian patentees’ engagement with the law. The consistent but small number of Indian patentees is suggestive of patent-filing being a form of sustained engagement with technological modernity. The establishment of a Patent Office completed the bureaucratic structure and was an intrinsic part of the development of India as a technocratic and scientific state. Examining the nature of this colonial institution, the paper examines a parallel process which shaped patenting: Indianisation. The colonial policy of Indianisation shaped Indians’ access to employment and research in technical institutes. This had two visible but discrete consequences: in the number of Indian employees whose patents were acquired by the government, and the creation of a notable ‘patent culture’ with the Patent Office in Calcutta as a site and headed by an Indian. The paper uses the patent law as an axis to illuminate conversations around inventive activity in colonial India.

COMPARATIVE ANALYSIS OF THE PROCEDURE FOR OBTAINING A PATENT FOR AN OBJECT OF INDUSTRIAL PROPERTY AND TERMINATION OF ITS VALIDITY IN THE USA AND THE REPUBLIC OF UZBEKISTAN

The article discusses a comparative analysis of the procedure for obtaining a patent for an object of industrial property and the process of termination in the United States and the Republic of Uzbekistan. The study is based on a comparative analysis of the legal norms governing this process in both countries, taking into account their main legislative acts, Patent laws, established procedures and judicial decision practice. This analysis allows us to identify differences and similarities in the procedure for obtaining a patent and terminating its validity in the United States and Uzbekistan, identify the main stages and requirements, the roles of relevant authorities and authorities, as well as assess the degree of protection of intellectual property rights in both countries. The findings can be useful for lawyers, patent agents, innovative enterprises and government agencies interested in protecting and supporting intellectual property.

Intellectual Property Rights Regime in Green Technology: Way Forward to Sustainability

Climate change crises and environmental imbalances have been a significant concern globally in recent times. The climatic changes give rise to various issues such as global warming, depletion of the ozone layer, deterioration of natural resources, soil erosion, deforestation, and more. Many international and national agreements and policies have been created to protect the environment, from the UNFCCC to the recent Paris Agreement, aiming to control rising environmental issues. However, developed and developing countries must achieve desirable results in combating climate change. Industrial and technological developments are critical reasons for environmental pollution and degradation. Progress is necessary for planned developing countries, but growth and expansions shall also consider ecological sustainability. Technology shall be novel in adapting to the changes, considering the effects it can produce on the environment. Green technology combines technology with the environment, also called environmental technology, clean technology, or sustainable technology. It is a combination of science and technology together to mitigate climatic changes and protect the environment. Green technology is the modern sustainable solution to pressing environmental concerns. India is one of the countries globally showing rapid green technology developments. The authors of this paper have tried to highlight the dire need to modify technological developments vis-a-vis environmental sustainability to protect the environment. The research paper delves into and understands the interface between clean technology’s importance and relevance for ecological sustainability and the role of patent law, particularly in dealing with issues of the environment. The paper shall also establish a harmonious relationship between patent law and its role in ensuring environmental sustainability.

Recent Developments at the Intersection of Pharma, Patents, and Antitrust Law

Recent Developments at the Intersection of Pharma, Patents, and Antitrust Law

Patent Dependency under European and European Union Patent Law – A Regulatory Gap

Abstract Technological progress generally is not disruptive but sequential. Innovations build on prior innovations, typically by presenting improvements or complements. Under patent law, such follow-on innovation meets with an obstacle if the use of the invention underlying it infringes a prior patent, and if, for one reason or another, the owner of that prior patent prefers, as it may, to refuse granting a license. It is only in case the follow-on (or ‘second’) invention involves an important technical advance of considerable economic significance in relation to the invention claimed in the prior (or ‘first’) patent that in Europe, in accordance with Art. 31 TRIPS, national patent laws provide for a right of the owner of the second patent to obtain, by way of a decision of the patent office or of a court, a dependency license. By contrast, the EU’s system of unitary patent protection does not provide for a dependency licensing regime. Instead, Regulation 1257/2021 on the European patent with unitary effect refers the matter to national law. This means that despite the importance of its invention the owner of a dependent patent will never obtain a mandatory license covering the Internal Market but only territorially limited national licenses for which it must apply separately in each Member State, go through multiple different procedures and comply with different national requirements. The absurdity of such hindering of follow-on innovation in the Internal Market by regulatory abstention is no less as regards national patents that the European Patent Office grants as a bundle in the form of the European patent and that are now additionally held together by the uniform infringement rules of the Unified Patent Court Agreement. After all, that category of a European patent is supposed to represent an equivalent alternative to the unitary patent and, therefore, ought to meet the same Internal Market requirements. Therefore, this study proposes to harmonize Member States’ dependency licensing regimes and to complement the system of unitary patent protection accordingly. To this end, it presents the common principles of national regimes, analyzes the particular need for and characteristics of modern mandatory licensing rules and discusses the deficits of alternative approaches that might be available under EU competition law. A particular emphasis is put on distinguishing dependency licensing from compulsory licensing in the public interest, and on the functional complementarity existing between incentivizing inventions by patent protection and stimulating follow-on innovation by mandatory licensing regimes.

Legal Implications of Ai Navigating Patent Law Challenges in the Age of Ml

This paper examines the legal ramifications of artificial intelligence (AI) in the field of patent law, with a specific emphasis on practical uses and technological benefits. It emphasizes the significance of detecting and eliminating interdependencies among data items in the intricate domain of AI and ML, facilitating concurrent processing, and averting periods of inactivity. The progress of AI has had a substantial impact on patent law, resulting in the creation of laws specifically tailored to AI-related patents. The paper examines the difficulties associated with obtaining patents for AI-related discoveries, with a specific focus on issues related to identifying the inventors and the eligibility of the patents. The study explore issues pertaining to intellectual property, questions about prejudice and fairness, and the need for regulation and governance. The text emphasizes the significance of copyright, patents, trade secrets, and data privacy in safeguarding the progress made in AI and ML. The paper highlights the significance of regulatory frameworks that effectively manage the balance between innovation and user safety. It draws upon ideas from Indian case law and the proposed AI regulatory framework

Prospective Challenges for Patenting and Clinical Trials of Anticancer Compounds from Natural Products: Coherent Review.

Cancer is a leading cause of morbidity and mortality worldwide. Each year, millions of people worldwide are diagnosed with cancer, and more than half of them die. Various conventional therapies for cancer, including chemotherapy and radiotherapy, have extreme side effects. Therefore, to minimize the global burden of lethal diseases like cancer, an effective and novel drug must be discovered. Its patent should be acquired to secure the novel medicament. The pharmacological potential of different natural products has made them popular in the healthcare and pharmaceutical industries. Various anticancer compounds are obtained from natural sources such as plants, microbes, and marine and terrestrial animals, including alkaloids, terpenoids, biophenols, enzymes, glycosides, etc. The term "natural products" is defined as the product of secondary or non-essential metabolic processes produced by living organisms (such as plants, invertebrates, and microorganisms). Although more precise definitions of NPs exist, they do not always meet consensus. Others define NPs as small molecules (excluding biomolecules) that emerge from the metabolic reaction. A handful of effective compounds are used currently from natural or analog moieties, and many more are in clinical studies. There is an excellent need for patenting molecules from natural products as the hit lead molecules are derived, isolated, and synthesized from natural products. However, these naturally occurring products may not be patentable under the law because they come from nature. This review highlights why natural products and compounds are hard to patent, under what patent law criteria we can patent these natural products and compounds, patent procedural guideline sources and why researchers prefer publication rather than a patent. Here, various patent scenarios of natural products and compounds for cancer have been given.

The Hitchhiker’s Guide to Outer Space Patents

Investment in space technologies has predominantly been a prerogative of the public sector. Now increasing privatization and commercialization of space markets is creating opportunities to develop new space applications. The potential to commercially leverage intellectual property is a motivating factor behind this private financing and plays a key role in helping private companies secure returns on investment. International space law treaties remain silent on the notion of intellectual property and intellectual property treaties lay heavy emphasis on territorial application of patent law, thereby creating a theoretical disconnect. Legal machinery drafted for activities on board the International Space Station (ISS) and the US Patents in Space Act serve as good starting points in bridging the gap between patents and space law by advancing the concept of quasi-territoriality. However, in doing so, they expose the space-patent market to possibilities of forum shopping, flags of convenience and race to the bottom scenarios. Lack of a reliable legal regime to address issues of patent infringement can negatively influence the future development of the space sector. The resolution to this problem is a new international legal framework that establishes uniform conditions for enforcement of space-based patents. outer space, patents, space commercialization, extra-terrestrial jurisdiction

When mRNA technology meets patent law: innovation, barriers and public health

Abstract The success of messenger ribonucleic acid (mRNA) technology during the Coronavirus disease (COVID-19) pandemic has ushered in a new era of vaccine and therapeutic development. In this rapidly evolving field, top biotech and biopharma companies are constantly searching for new opportunities to create innovative treatments and vaccines. However, the landscape of mRNA patents is getting complicated and dense, with an accumulation of partially overlapping patent rights that require multiple rights holders’ permission for use and commercialization. Additionally, there are several pending patent lawsuits related to key components of mRNA platform technologies, with strong implications for follow-on innovation and technology diffusion within the field. The case of mRNA technology—as often happens with emerging technologies—is therefore emblematic of the policy dilemma faced by patent law of how to balance economic incentives in a setting of cumulative innovation. This article maps out relevant legal factors that, under different conditions, might aggravate or mitigate the potential negative effects of patents in the field. Further, it sets a framework for more targeted examination of the identified issues.

Role Of Intellectual Property Theories in Addressing Anomalies Created By The Intersection of Artificial Intelligence and Intellectual Property Rights: An Analysis

Globally, the use of artificial intelligence (AI) is expanding exponentially. The issue of managing intellectual property in AI is raised by this surge. Discussions and moderating have taken place, but no resolution has been reached. The issue of whether the work created by an AI should get a special status still exists. When it comes to the control of IPR in artificial intelligence, there are a few oddities. The ownership of patents and copyrights is in doubt, and there are serious worries about the consequences of violation. With the development of technology, there is no certainty on the law, despite existing international accords and conventions. In the absence of artificial intelligence (AI), intellectual property (IP) rules have, up to this point, treated IP as a product of human cognition. The current boom in AI, which has seen the development of IP from the "intelligence" of software, has upended this base. But the non availability of law on works created by artificial intelligence the law is left far behind to deal with the anomalies created by the intersection of “Artificial intelligence and intellectual property rights”. This research paper examines the role of intellectual property theories in addressing AI anomalies, focusing on copyright, patent, and trademark laws. It analyzes utilitarianism, labour theory and personality theory, examining authorship and ownership in AI-generated works and potential conflicts between human creators and machine-generated content. In this research paper researcher(s) will- Analyse various theories of Intellectual properties to tackle the anomolities created by the intersection of IPR and AI. Criticize and suggest changes in the theories to make them helpful for emerging frameworks on AI and IPR.

A Critic on Legal, Ethical, and Regulatory Issues of Off-Label Medicines Shepardizing Intellectual Property Law towards Pharmacoeconomics: A Discussion of Pfizer’s Norvasc Patent Case

Purpose: Pharmacoeconomics is a pharmacy discipline designed to tackle issues on clinical, ethical, and safety factors leading to advocacy of healthcare corporate governance in fulfillment of the pillars of sustainable development. Thus, it is necessary to discuss illegal diversions of Intellectual Property of drug patents as these legal problems serve as impediments to Pharmacoeconomics. This paper aims to elucidate the advantages of Off-label medicines in favor of clinical, ethical, and safety aspects of Pharmacoeconomics towards patient safety and treatment for welfare.
 Methodologies: Quantitative measurement is crucial for validation of drug quality products. It is used for comparison of both legal and illegal diversions of healthcare corporate governance. Patent Law and its policy options are tools to measure the violations of the perpetrator under Intellectual Property Law. Meanwhile, the British National Formulary follows the Human Medicines of 2012 and communicate with FDA for the implementation of off-label medicines as policy for clinical practice under legal removal of patent protection for medical research and practice. This study follows a diagnostic design as a research method based on ethical, regulatory, and legal presentations to characterize problems involved in drug management system towards efficiency of evidence-based medicine practice utilizing theories, models, and frameworks towards financial intelligence. 
 Findings: The elucidation of Kano Model Framework exhibits the aberration and compliance of patent drugs towards compliance of healthcare corporate governance. Based on exhibition of intellectual property law, it can be extended to fulfill the goals of sustainable development of monetary success and hence, the human society can be reflected as their success to their financial intelligence as their inventorship is declared as non-obviousness to public welfare and safety. Moreover, the moral standard of ethical decision-making illustrated the importance of opting to off-label medicines emphasizing cost-efficiency goals of Pharmacoeconomics in drug therapy. Hence, the Shariah Jurisprudence Method for Pharmacoeconomics is the modelling of Clinical Pharmacy Practice towards Healthcare Corporate Governance in fulfillment of business ethics as public welfare and safety of human society.
 Recommendation: Kano Model Framework is an integrated tool of measuring the success of healthcare corporate governance. With the elucidation aids of modelling the importance of Pharmacoeconomics, it is recommended to develop ways of making artificial intelligence as a sole success, profit, benefit, and contribution to clinical pharmacy practice, starting from its drug development up to its intended purpose of human drug treatment in healthcare setting, in relation to its accompanied FDA regulating bodies, as British National Formulary team compliance of maintaining the crucial functions of observing and monitoring document for patient safety.

The abuse of patentability conditions in the sphere of pharmacy in Ukraine and the EpO: upon the Example of polymorph sofosbuvir

The author analyzed regulation of the patenting of polymorphs for medicinal products in Ukraine, the European Patent Office, and in countries with stringent application of patentability criteria in pharmaceutical field (Argentina and India). The author described the analysis of the decisions of the Ukrainian patent office and the Appeals Chamber of the Ministry of Economic Development and Trade concerning the refusal of issuing a patent for the polymorph of sofosbuvir, and the impact of this judgment on access of sofosbuvir for the Ukraine’s population. The author also conducted a brief comparative analysis of Ukraine with the approach of the European Patent Office as opposed to «stringent» patent offices and IGOs patentability guidelines regarding the patenting of polymorphs. It is proposed that polymorphs should be excluded from patentability in Ukraine in order to prevent the abuse of patentability conditions by the industry using polymorphs of known chemicals. Such changes should be introduced either by more precise wording in the patent law in order to correct the deficiencies regarding new forms of known medicines in the Article 7(7) of the Law of Ukraine «On Protection of Inventions and Utility Models» or by introducing relevant provisions by development of patentability guidelines for pharmaceuticals on a sub-legislative level.

Intellectual property as an independent concept of legal science: a value-legal approach to definition

In the work, the author proved the theoretical and practical expediency of the analysis of intellectual property as a component of the conceptual and categorical apparatus of legal science and an element of legal terminology. It is noted that the subject of the research is important from the point of view of the general methodological importance of studying and improving the concepts and categories of jurisprudence, as well as the terminology used in the acts of law-making. It is pointed out that the ambiguity of the doctrinal understanding of intellectual property, as well as the vagueness of its demarcation from other related categories of legal science (for example, intellectual property law, real property law, copyright law, related rights, patent law, etc.), causes today the ambiguity of the conceptual definition of intellectual property, insufficiency of its legal consolidation as an independent term of jurisprudence.
 The analysis of doctrinal ideas about intellectual property as an independent concept of legal science was carried out and their generalization was carried out within the limits of special-administrative, formal- legal and broad approaches. It is concluded that the spread of the provisions of the proprietary theory of intellectual property and the theory of exclusive rights in legal science led to the polarization of approaches to the conceptual definition of intellectual property. Therefore, today, in the doctrinal plan, intellectual property has a debatable nature of definition, which is determined primarily by its nature and essence.
 The author emphasized that even the specified generalized approaches to defining the concept of intellectual property leave in the shade the main aspect of this legal institution, namely its value-legal dimension. It is the value-legal approach that can be used for the appropriate perception of intellectual property, which accumulates in itself, develops and constitutes an integral part of the system of socio­cultural values. Therefore, the specified approach is methodologically important for the formulation and justification of the appropriate definition of the concept of «intellectual property». The advantages of such an approach to conceptual analysis in theoretical and legal research are that it allows for the formation of cognitive orientation in the knowing subject through the development of ideas about worldview values in nature and society.

Game Analysis of Different Source Disclosure Model for Genetic Resources and Implications for China

Inventions that rely on genetic resources are subject to different source disclosure models in the domestic laws of different countries. Different source disclosure models can indirectly affect the quantity and quality of patents issued in a country, thus resulting in different social benefits. Therefore, an analysis of which source disclosure model is applicable to the patent protection of genetic resources is of great importance. The economic approach of game theory is used to analyse the game of interests between patent applicants and the patent examination authority. It is found that the patent examination authority is required to introduce source disclosure rules and that the optimal equilibrium for patent applications can be achieved by requiring companies to comply with a voluntary source disclosure model under intense examination pressure. Based on this, the legislative policies of typical resource-rich countries are selected for analysis to verify the validity of the game conclusions. Finally, policy recommendations for source disclosure requirements for genetic resources in China are proposed based on the game conclusions. genetic resources, source disclosure, patent law, game theory, mandatory model, voluntary model, patent applications, regulatory bodies, cost-benefit perspective

Granting Inventor Status to AI in Biotechnology Patents: A Regional Perspective of the Patent Laws in the Gulf Cooperation Council Countries

Granting Inventor Status to AI in Biotechnology Patents: A Regional Perspective of the Patent Laws in the Gulf Cooperation Council Countries

특허심판의 임의적 전치주의 채택에 대한 소고

As the world's fourth-largest patent applicant country, the value of intellectual property rights has been emphasized, and disputes are increasing and the relevant legal system is changing. The system for resolving such disputes is based on a two-pronged structure of patent prosecution and patent infringement litigation, in which necessary preemption is largely applied depending on the type of dispute.
 First of all, in the case of patent law, disputes over patent applications and their examination procedures are basically only subject to patent examination by patent judges as a special form of appeal against patent rejection or patent invalidation, and lawsuits against patent revocation decisions or judgments of patent judges are immediately subject to the exclusive jurisdiction of the patent court, which is the highest court, and the judgment of the patent court can be appealed to the Supreme Court, which consists of a two-trial structure.
 On the other hand, on December 1, 2015, Article 24 of the Civil Procedure Act was amended to concentrate the jurisdiction of the first instance court to the district court with jurisdiction over the location of the high court, and to recognize the overlapping jurisdiction of the Seoul Central District Court for suits related to intellectual property rights, including patents. At the same time, on December 1, 2015, Article 28(4) of the Court Organization Act was amended to concentrate the jurisdiction of appellate review of infringement cases decided by the court of first instance to the Patent Court. In other words, the Patent Court has exclusive jurisdiction over appellate review of infringement cases involving patent rights, which were previously handled by the Seoul High Court and 23 other high courts and district court divisions nationwide. This is to improve the professionalism, consistency, and efficiency of the patent courts, enhance the effectiveness of industrial property rights protection such as seekers' patents, and contribute to enhancing national competitiveness through the advancement of the patent litigation system.
 In light of the above changes in the system, it is necessary to conduct a post-legislative evaluation of the feasibility of introducing necessary precedentialism in patent judgment. In particular, as patent review and patent infringement litigation proceed simultaneously, there may be differences in the views of district courts and patent judges in the handling of patent disputes, resulting in delays. If complaints are raised as a result and the need for legislative improvement is emphasized, it is necessary to evaluate the legislation after the fact. In a situation where the protection environment of patent holders has been greatly improved due to the activation of the patent court, it would be desirable to have a discretionary preemption system that allows parties to choose the judgment of the patent appeals board.