Intellectual Property and Patents Flashcards

Flashcards for Intellectual Property, Patent Law, Healthcare, Genetics, and Digital Patents

Venetian Patent Statute (1474)

The first instance of patent protection.

Statute of Anne (1710)

Early copyright law that emphasized the public domain.

Article I, Section 8 (U.S. Constitution)

Grants limited-time exclusive rights to promote science and the arts.

Jefferson's View on Ideas

Ideas are non-rivalrous; he was cautious about monopolies.

Madison's View on Temporary Monopolies

They can promote public good by incentivizing innovation.

Function of Intellectual Property

It solves the 'free rider problem'.

Evergreening

Refers to making minor changes to extend patent protection.

Patent Trolling

Using patents to file lawsuits rather than foster innovation.

DARPA

An example of government-funded R&D.

Utility patent

Government granted exclusive rights for 20 years (U.S.) for machines, processes, compositions, manufactures

Knowledge Disclosure

The public shares in innovation once a patent expires.

Novelty (Patent Law)

The invention must be new and not previously disclosed.

Non-Obviousness (Patent Law)

The invention must not be obvious to someone skilled in the field.

Myriad Genetics Case

Ruled that natural DNA is not patentable.

USPTO

Examines patent applications for novelty, non-obviousness, and usefulness.

Rights Granted by a Patent

Exclude others; license for royalties; public domain after 20 years.

High Costs of Patent

Disadvantages small inventors; favors large corporations.

Extended exclusivity

Evergreening helps extend exclusivity by making minor improvements

High prices

Patented drugs lead to unaffordable costs

TRIPS waivers

Calls were made for TRIPS waivers during the COVID-19 pandemic that showed global inequity in vaccine access.

Prize-based rewards

Patents are replaced with prize-based rewards as an alternate model.

Public-Private Partnerships

An approach to share R&D risks/costs.

Commodification of Life

Considered morally wrong in traditional views regarding patenting life.

Diamond v. Chakrabarty (1980)

Ruled that human-made living organisms can be patented.

HGP versus Celera

Raced to file patents for isolated DNA sequences.

AMP v. Myriad Genetics (2013)

Ruled naturally occurring DNA is not patentable, but cDNA is.

Focus of Current Genome Patenting

CRISPR technologies, synthetic biology, and gene therapies.

EU Gene Patent Policy

Allows gene patents with stricter ethical controls.

Business Method Patents

Protect processes or systems, common in e-commerce.

Amazon's One-Click Patent

Single-click online shopping = major competitive advantage.

Alice Corp. v. CLS Bank (2014)

Ruled abstract ideas, even computerized, are not patentable.

Alice/Mayo Test

1. Is the patent an abstract idea? 2. Is there an inventive concept?

Innovation goals

Protect incentives for investment and risky research.

Access Goals

Prevent monopolies over basic tools of new industries.