Original Patent Research Articles

Business Roundup

BUSINESS ROUNDUP Business Roundup ShareShare onFacebookTwitterWechatLinked InRedditEmail C&EN, 2018, 96 (6), p 15February 5, 2018Cite this:C&EN 96, 6, 15AbstractThermo Fisher Scientific says it will make $50 million in new investments because of the benefits it is receiving under recently enacted U.S. tax reform legislation. The investments include $34 million for a one-time, $500 bonus to 68,000 nonexecutive employees worldwide and $16 million for R&D, sustainability, and philanthropic activities. BASF has granted a sublicense to Hunan Reshine New Material to make nickel-cobalt-manganese lithium-ion battery cathode materials. BASF licensed the original patents from Argonne National Laboratory. International Flavors & Fragranceshas broken ground on a new flavors and fragrances plant in Sri City, India. The 130,000-m2 site will be the largest IFF facility in Asia. Nippon Shokubai will increase capacity in Japan for 2-(2-vinyloxy ethoxy) ethyl acrylate, oxazoline functional monomer, and polyethyleneimine water-soluble polymer. The company did not specify the size of the expansions. Novartis has out-licensed its FGFR inhibitor infigratinib to BridgeBio Pharma, which subsequently launched a subsidiary, QED Therapeutics,View: PDF | Full Text HTML

Tesla’s Fountain – Modeling and simulation in ceramics technology

In this paper, we present Tesla’s Fountain in ceramics technology reconstruction from basic 3D model, simulation of the engine, light and fluids till the real materialization. As the one of the most important model purposes, we enrich this solution by additional multicolor lights. All of this elements are designed based on Tesla’s original patent no. 1,113,716, US patent office, granted Oct,13. In this model we applied ceramics technology based on ceramic materials casting and sintering. At the time when the patent was granted, the metal materials science and technologies were more advanced than the ceramics technology and applications. We performed all materials characteristics analyses and preparation steps based on the one author’s patent no. 46121, Serbia patent office, granted 21.12.1991. This is one original two patents solution with complete new over-bridging by the state-of-the-art computer modeling and simulation technology.

Business Roundup

BUSINESS Business Roundup ShareShare onFacebookTwitterWechatLinked InRedditEmail C&EN, 2017, 95 (48), p 15December 4, 2017Cite this:C&EN 95, 48, 15AbstractBASF has granted Pulead Technology Industry, a Chinese battery cathode producer, a sublicense to make and sell its nickel-cobalt-manganese cathode materials for lithium-ion batteries in the U.S. The original patents for the cathode material are owned by Argonne National Laboratory. Lanxess will spend $24 million to build a polymer compounding plant in Changzhou, China. Set to open by 2019, the facility will be able to make 25,000 metric tons per year of nylon and polybutylene terephthalate compounds for Chinese automakers. Solvay has agreed to sell its mercury-based chlor-alkali plant in Torrelavega, Spain, to Portugal’s CUF for an undisclosed sum. CUF will invest $65 million to convert the plant to the more modern membrane-cell process. Evonik Industries has agreed to acquire 3M’s high-concentrates plastic additive compounding business. The deal will enhance Evonik’s existing additive business by allowing it to expand into packaging and other applications. Gelest has named Ken Gayer, formerView: PDF | Full Text HTML

Biosimilar medicines and patient registries – expectations, limitations, and opportunities

Abstract Introduction: Biology therapies in a various medical specializations and for a broad spectrum of indications were launched during last two decades. As a new in class the therapies were obliged to provide additional data re gar ding efficacy and safety after their real medical practice integration. Patient registries, databases collecting various patient data, were introduced to grant data on the treatment effectiveness, safety, and long-term on treatment survival. Satisfactory treatment effect and acceptable safety profile were confirmed after couple of years of careful observation. However, the benefits were usually offered at much higher treatment costs compared to the standard therapies. Biologically similar drugs, so-called biosimilars (B.S), are being launched after original molecule patent protection expiry during recent years. They were expected as an ideal solution to avoid distinct impact on the medical budget: comparable effect for less money. The unsubstantiated doubts about biosimilar efficacy and safety were the reason of the late launch in many markets. Since biosimilars are considered as new therapy entities, the cautiousness to certain extent should be required. Information gained from post-marketing observations and patient registries over several years, confirmed the biosimilar product comparable quality. Healthcare budget savings could secure easier therapy access for more new patients.

The development of biosimilars in oncology

With the extensive application in clinical practice, biological medicine plays a significant role in both treatment and supportive care in oncology. With the expiration of original drug patents, biosimilars emerge. The biosimilars are defined as biological drugs that are be highly similar but not identical to the biological reference. Their development and evaluation procedure are different from those of small molecular chemical generics. Biosimilars are expected to reduce the health care costs worldwide. The booming developments of biosimilars, such as rituximab, trastuzumab and bevacizumab in medical oncology can optimize the clinical strategies, offer patients more treatment options and reduce the medical expenditure. In this article, we review the advances in the field of biosimilars, especially focus on the challenges and opportunities of biosimilars in clinical oncology.

CEO Sensation Seeking and Corporate Innovation

In this study, we find evidence that CEOs’ hobby of flying airplanes is systematically related to innovation success in the firms they manage. Firms led by pilot CEOs generate significantly better innovation outcomes, measured by patents and associated citations, and pursue more diverse and original patents. Pilot CEOs enhance innovation performance by improving R&D productivity rather than spending more on R&D. Additionally, pilot CEOs are effective when governance structures provide them greater autonomy. We rule out several alternative explanations, leading us to conclude that CEO piloting status captures the personality trait of sensation seeking. Sensation seeking combines risk taking with a desire to pursue novel experiences and has been associated with creativity. We do not find similar results for CEOs with extrinsic risk incentives, suggesting that risk taking alone does not explain our findings. Overall, our evidence suggests that sensation seeking provides intrinsic motivation for innovation, highlighting potential limitations of extrinsic motivation provided by traditional contract-based terms.

Pilot CEOs and corporate innovation

We find evidence that chief executive officers’ (CEOs’) hobby of flying airplanes is associated with significantly better innovation outcomes, measured by patents and citations, greater innovation effectiveness, and more diverse and original patents. We rule out alternative explanations, leading us to conclude that CEO pilot credentials capture the personality trait of sensation seeking. Sensation seeking combines risk taking with a desire to pursue novel experiences and has been associated with creativity. Our evidence highlights sensation seeking as a valuable personality trait that can be used to identify CEOs who are likely to drive innovation success.

Mapping energy-efficient technological advances in home appliances

The present study employs patent data on three groups of large energy-efficient appliances (i.e. freezers/refrigerators, washing machines and dishwashers) and provides a methodology for (i) mapping components related to energy efficiency improvements, (ii) mapping their evolution over time and (iii) testing the technological fungibility of these components. Our analysis model exploits an original patent selection process and the concept of technological relatedness using co-occurrence analysis of patent classes as input for self-organising maps (SOMs), an unsupervised artificial neural network able to represent high-dimensional data in a visually attractive and two-dimensional distance-based map. The results confirm the pervasive nature of energy efficiency to be nested in many technological components. In addition, we show that a dematerialisation process has affected the evolution of energy efficiency technologies over time, in a technology space characterised by a high level of complexity and variety. Energy efficiency has links with information technologies embodied in the appliances, which are far from their maturity path. Consequently, innovation and information policies are of utmost importance in order to achieve more ambitious energy efficiency targets in the groups of appliances analysed.

Could patents interfere with the development of a cardiovascular polypill?

BackgroundThe Wellcome Trust, the World Health Organization, and cardiologists have advocated for the idea of a “polypill” containing multiple cardiovascular drugs to be co-formulated into a single pill for over a decade. Some cardiologists have asserted that the drugs commonly considered for inclusion into such a polypill are older and therefore free of patent protection. We tested this assertion. This project was requested by the World Heart Federation (WHF).Methods, data and materialsTwo cardiologists from the WHF provided a list of 48 cardiovascular drugs for evaluation. We designated the United States and Canada as the base jurisdictions for this patent study. We linked patent data from these countries’ national medicine patent registers to patent information in over 96 other countries using Derwent and INPADOC via Thomson Innovation. We expanded our study beyond the aforementioned data linkage through a systematic search of the World Intellectual Property Organization’s PatentScope, which was based primarily upon the drugs’ active ingredient names.ResultsIn the United States and Canada, eight of the drugs were only available in the patent-protected, brand name formulation in one or both countries. Another 21 drugs had relevant patents, but generic equivalents were nevertheless available. Only 19 drugs (40 %) appeared entirely post-patent. Broadening the co-formulation searches globally, the overwhelming majority of drugs (40/48) were mentioned in patent applications for cardiovascular drug combinations.ConclusionThe assertion that most of these cardiovascular drugs are post-patent is accurate, but only in the sense that many of the original patents on these active ingredients have expired and that generic alternatives are usually available. The landscape of patents covering novel (co-) formulations is far more complex, however. Most research and development for cardiovascular combination medicines are likely to be undertaken by companies whose original patents on the active ingredient will soon expire or have recently expired. Cardiologists looking to accelerate polypill development may consider approaching such companies to partner.Electronic supplementary materialThe online version of this article (doi:10.1186/s12967-016-0997-3) contains supplementary material, which is available to authorized users.

A Theoretical Framework for Empirical Research on PAEs and Privateers

Patent Assertion Entities – firms that acquire patents from others and then deploy them for licensing or damages revenues rather than for practice within their own products or services – have been a frequent subject of debate over the last several years. More recently, focus has centered on a new species of PAE, “privateers” or “hybrid PAEs”. These are entities that obtain patent enforcement rights from practicing entities, assert those patents in litigation, and then share the damages earnings with the original patent holder. This paper provides a theoretical assessment of how hybrid PAEs may alter the litigation landscape. The framework developed here can provide an important aid to guide empirical work.

3-D stereoscopic modeling of the Tesla’s Long Island

paper presents in detail the methods for realization of the basic software infrastructure for the conversion of 3-D animation of Tesla?s laboratory in Long Island to modern stereoscopic 3-D formats. Modeling of Tesla?s lab is done in cooperation with the Nikola Tesla Museum in Belgrade on a project entitled ?Computer Simulation and Modeling of the Original Patents of Nikola Tesla? approved by the Ministry of Education and Science of the Republic of Serbia. In recent years, there has been a revolution in the field of 3-D technology, so it is clear that this will be the strategic direction of the progressing of television, cinema screenings and presentations in the future. Using modern technology for generating and conversion to stereoscopic 3-D format, the authors show in detail the procedure that was used in the realization of this segment of the project. The complete improved 3D developing pipeline from the original photograph to the stereoscopic 3D real-time model is also presented. The novelty in the phase of semi-automatic materialization of the wire models is also described.

Double Patenting: Follow-On Pharmaceutical Patents that Suppress Competition

Prices for pharmaceutical products over the last 10 years have skyrocketed, increasing far more rapidly than the general cost of living. This article argues there should be greater competition for the production of follow-on drugs through the strengthening of the double patenting prohibition: preventing extending exclusive rights beyond the original patent term by dressing up part of that invention as a new one. This prohibition against the same party holding two patents covering the same composition announced by the Supreme Court in the 1800’s has been weakened by lower federal courts to (1) only considering the claims and not the rest of the specification in determining if the same invention is being claimed by the inventor in two patents and (2) only applying the prohibition when the earlier patent did not satisfy the technical meaning of “prior art” within §102 of the Patent Act. The rulings weakening the double patenting doctrine have disregarded that the “invention” of a genus patent is not determined only by the claims, but also by the embodiments disclosed in the specification, and under Supreme Court and Federal Circuit precedent it must be presumed that the party with a genus patent has invented the full scope of the genus. These weakening rulings have also disregarded that the double patenting doctrine arises from §101 of the patent statutes, rather than §§102 and 103, which the Federal Circuit models it double patenting test on, often incorrectly concluding there is no double patenting. §§102 and 103 serve different purposes than §101. This article argues that when the same inventor holds a genus patent for a pharmaceutical product, it should be estopped from obtaining a patent on a species within the scope of the genus, whether or not the genus patent constitutes prior art. Applying this strengthened double patenting doctrine would increase competition for the development of follow-on pharmaceutical products.

Historical Patents as Inspiration for Digital Textile and Apparel Design

This research used historically informed analysis as a framework to examine studio design practice. Discovery of a historical patent for a coat made from a single pattern piece led to an examination of United States coat and jacket patents to identify past patternmaking explorations that could inform current design practice, with a focus on those with one pattern piece. These patterns allowed large expanses of cloth for surface design, especially for creation of engineered digital prints on a single canvas, and opened up avenues for creative experimentation. The research objectives were to analyze the patterns for shape and accuracy of fit, to evaluate them as a beginning point to inform future patternmaking and design approaches, to engineer digital prints for prototypes, and to create aesthetically appealing designs that could be produced with minimal fabric waste. Digital copies of the patterns were created, tested and compared, with a focus on evaluation of critical fit points and the potential for further creative development. Prototype designs were generated from the patent patterns, with some faithful to the original patent and others moving away from the patentee’s intentions, although keeping the pattern shape. Digital prints were then created and engineered for the patterns. This investigation also reoriented traditional apparel design practice by placing pattern manipulation at the beginning of the design process, and made design development contingent upon research objectives. At the same time it confirmed that research through design is not linear, and that studio practice also informed the objectives.

Understanding Edward Muybridge: historical review of behavioral alterations after a 19th-century head injury and their multifactorial influence on human life and culture.

Edward Muybridge was an Anglo-American photographer, well known for his pioneering contributions in photography and his invention of the "zoopraxiscope," a forerunner of motion pictures. However, this 19th-century genius, with two original patents in photographic technology, made outstanding contributions in art and neurology alike, the latter being seldom acknowledged. A head injury that he sustained changed his behavior and artistic expression. The shift of his interests from animal motion photography to human locomotion and gait remains a pivotal milestone in our understanding of patterns in biomechanics and clinical neurology, while his own behavioral patterns, owing to an injury to the orbitofrontal cortex, remain a mystery even for cognitive neurologists. The behavioral changes he exhibited and the legal conundrum that followed, including a murder of which he was acquitted, all depict the complexities of his personality and impact of frontal lobe injuries. This article highlights the life journey of Muybridge, drawing parallels with Phineas Gage, whose penetrating head injury has been studied widely. The wide sojourn of Muybridge also illustrates the strong connections that he maintained with Stanford and Pennsylvania universities, which were later considered pinnacles of higher education on the two coasts of the United States.

PROFITING FROM INVENTION: BUSINESS MODELS OF PATENT AGGREGATING COMPANIES

Patent aggregating companies are institutions that aggregate patents for different purposes. From a managerial perspective as well as a theoretical perspective, it is interesting to understand what value such novel business models provide to inventing companies. In this paper we focus on the question how patent holders can use patent aggregating companies as means to capture value from their inventions. Therefore the business models of patent aggregating companies need to be understood. Existing literature lacks a systematic and comprehensive analysis of the patent aggregating companies' business models. The empirical data presented and discussed in this article was collected over a five-year (2009–2014) period in semi-structured interviews with patent aggregating companies' incorporating personnel and in an extensive analysis of secondary data. We conclude our study by identifying four groups of patent aggregating companies based on the values provided to the original patent holders: the guarders, the shielders, the funders and the earners.

An empirical analysis of primary and secondary pharmaceutical patents in Chile.

We analyze the patent filing strategies of foreign pharmaceutical companies in Chile distinguishing between “primary” (active ingredient) and “secondary” patents (patents on modified compounds, formulations, dosages, particular medical uses, etc.). There is prior evidence that secondary patents are used by pharmaceutical originator companies in the U.S. and Europe to extend patent protection on drugs in length and breadth. Using a novel dataset that comprises all drugs registered in Chile between 1991 and 2010 as well as the corresponding patents and trademarks, we find evidence that foreign originator companies pursue similar strategies in Chile. We find a primary to secondary patents ratio of 1:4 at the drug-level, which is comparable to the available evidence for Europe; most secondary patents are filed over several years following the original primary patent and after the protected active ingredient has obtained market approval in Chile. This points toward effective patent term extensions through secondary patents. Secondary patents dominate “older” therapeutic classes like anti-ulcer and anti-depressants. In contrast, newer areas like anti-virals and anti-neoplastics (anti-cancer) have a much larger share of primary patents.

ChemInform Abstract: The Development of Zn—Ce Hybrid Redox Flow Batteries for Energy Storage and Their Continuing Challenges

AbstractReview: [100 refs.]

The Development of Zn–Ce Hybrid Redox Flow Batteries for Energy Storage and Their Continuing Challenges

AbstractThe Zn–Ce flow battery is a recently introduced hybrid redox flow battery (RFB) but has been extensively studied in the laboratory and at the industrial pilot scale since its introduction in 2005. The cell has the highest open‐circuit cell potentials amongst aqueous RFBs, which can exceed 2.4 V at full charge. Although original patents were filed in 2004 and 2005, the history of the half‐cell reactions stretches back many decades, with the CeIV/CeIII redox couple being well studied in sulfuric acid as a redox mediator in organic electrosynthesis or in nitric acid for specialist cleaning in the chemical and nuclear industries; in addition, zinc deposition and stripping in acid media are well known in hydrometallurgy and electroplating of metals as well as in other secondary batteries using zinc negative electrodes. Methanesulfonic acid electrolytes were introduced in surface finishing several decades ago but their use in flow batteries is only 20 years old. This Review considers the thermodynamics and kinetics of the electrode reactions (desired and secondary) in each half‐cell, operational variables, materials for cell components, cell design and performance of the zinc–cerium flow battery. Continuing challenges are highlighted and critical research needs for the science and technological development are considered.

Patent Strategy and Layout Instrument--Derivative Design Patents

As product technology matures, consumers will shift the focus onto the appearance and design of products. In recent years, the fierce competition between Apple and Samsung in the consumer electronics market has pushed the design patent domain into the spotlight. In Taiwan, the amendment of Taiwan Patent Act in 2011 has the Associated Design Patent (ADP) system replaced by the Derivative Design Patent (DDP) system. This is definitely a major patent reform. The DDP system is similar to the continuation application system of the US. In this study, a total of 40 Patent Professionals (PP) and Design Professionals (DP) participated in the study. The investigators also constructed a substantive DDP scope. The study results are presented below. The DDP system provides designers with a broader scope of patent rights, and this positive result would encourage companies to value design patent layouts. Overall, the DDP system provides more comprehensive design protection compared to the previous one, which is beneficial for Taiwan’s heading into the creative sectors. For patent strategy per se, the DDP system makes design patent rights more solidly rooted. Companies in the future should make a good use of DDP for patent layouts. By doing so, the original design patents can be well protected from imitation or plagiarism. For design strategies, greater differences between DDPs would maximize the created patent scope. The conclusion here can be used as a new instrument by industries in planning their patent layouts.

A new industry creation and originality: Insight from the funding sources of university patents

Scientific breakthroughs coming from universities can contribute to the emergence of new industries, such as in the case of biotechnology. Obviously, not all research conducted in universities leads to a radical change from existing technological trajectories. Patents and patent dynamics have long been recognized as critical in understanding the emergence of new technologies and industries. Specifically, patent citations provide insight into the originality of a discovery that has received patent protection. Yet while a large body of literature addresses the impact of patent originality on various firm performance measures, we address the question of what conditions drive patent originality in the process of knowledge creation within the university. Using data on patented cancer research, we examine how research context – as reflected by the funding source for each scientist – is associated with patent originality. We find that when university scientists are partly funded by their own university, they have a higher propensity to generate more original patents. By contrast, university scientists funded either by industry or other non-university organizations have a lower propensity to generate more original patents. The significance of our findings in the cancer research setting call for further research on this question in other research fields.