Understanding the basics of patenting

Chitale, Sadhana; Lawler, Colm; Macfarlane, Scott

doi:10.1038/s41587-020-0447-x

Cited by 15 publications

(7 citation statements)

References 2 publications

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“…The inclusive purpose of technical standards is quite opposite to the intention of patents. By definition, patents are legal rights to exclude others from using, manufacturing, or selling the protected scope of the patented invention [3]. Since both, technical standards and patents, are prevalent instruments in high-tech industries such as telecommunications, standard-essential patents (SEPs) have been established to compensate for the contrasting intentions.…”

Section: Introductionmentioning

confidence: 99%

The Watchful Waiting Strategy in Standard-Essential Patents: The Case of 5G Technology

Herzberg,

Denter,

Moehrle

2024

IEEE Trans. Eng. Manage.

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In recent years, the relevance of communication technology has steadily been increasing. This technology is represented by technical standards as a means for faster technology diffusion and regulation. In turn, they are supported by standard-essential patents (SEPs) that protect inventions related to the standard and can be licensed as a pool. However, there is no standard-essentiality check, which induces patent applicants to declare either too many or too few patents as standard-essential. In this study we address the latter deficiency and define a new patent strategy, namely the watchful waiting strategy. Here, patent applicants file patents that are very similar to SEPs without subsequently declaring them standard-essential. We use topic modeling and deep learning to assess SEPs and non-standard-essential patents of 5G technology for standard-essentiality. The results provide information on the type of applicants holding watchful waiting patents. This entails several implications for companies, patent attorneys, and researchers, as the process model presented for identifying watchful waiting patents reduces the risk of patent litigation for companies wishing to use the standard.At the same time, rethinking the current process of SEP declaration opens up new avenues for policy makers and standard-setting organizations.

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Section: Introductionmentioning

confidence: 99%

The Watchful Waiting Strategy in Standard-Essential Patents: The Case of 5G Technology

Herzberg,

Denter,

Moehrle

2024

IEEE Trans. Eng. Manage.

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“…Innovation provides novel ways to extract value from mature markets through the technological development of new products or processes, or the introduction of new business models 19,20 . Patent data provide a window into innovations in the commercial wildlife trade, as businesses are motivated to le patents to protect innovations and their commercial application from exploitation by others 21 . This protection lasts for up to 20 years, but patenting is recommended only in cases where the innovation concerned has signi cant commercial potential, due to the costs associated with obtaining and maintaining them 21 .…”

Section: Introductionmentioning

confidence: 99%

“…Patent data provide a window into innovations in the commercial wildlife trade, as businesses are motivated to le patents to protect innovations and their commercial application from exploitation by others 21 . This protection lasts for up to 20 years, but patenting is recommended only in cases where the innovation concerned has signi cant commercial potential, due to the costs associated with obtaining and maintaining them 21 . Manual patent analysis has been used to draw conclusions on access and bene t sharing for marine biological resources 22,23 , and to understand diversifying uses of wild orchids 24 .…”

Section: Introductionmentioning

confidence: 99%

Early-warning of trends in commercial wildlife trade through novel machine-learning analysis of patent filing

Hinsley,

Challender,

Masters

et al. 2023

Preprint

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Unsustainable wildlife trade imperils thousands of species, but efforts to identify and reduce these threats are hampered by rapidly evolving commercial markets. Businesses trading wildlife-derived products innovate to remain competitive, and the patents they file to protect their innovations also provide an early-warning of market shifts. We develop a novel machine-learning approach to analyse patent-filing trends, and apply it to patents filed from 1970–2020 related to six traded taxa that vary in trade legality, threat level, and use type: rhinoceroses, pangolins, bears, sturgeon, horseshoe crabs, and caterpillar fungus. We found 27,308 patents, showing 130% per-year increases, compared to a background rate of 104%. Innovation led to diversification, including new fertilizer products using illegal-to-trade rhinoceros horn, and novel farming methods for pangolins. Stricter regulation did not generally correlate with reduced patenting. Patents reveal how wildlife-related businesses predict, adapt to, and create market shifts, providing data to underpin proactive wildlife-trade management approaches.

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“…Other than paying licensing fees to the patent assignee, one can also utilise linkers and cytotoxins no longer under patent protection as patents have a 20-year lifespan starting from their non-provisional filing dates. [8]…”

Section: Introductionmentioning

confidence: 99%

“…Biotechnology companies involved in ADC design, discovery and development should be patently aware (pun intended) of the patent minefields, especially when utilising patented linker and cytotoxin technologies. Other than paying licensing fees to the patent assignee, one can also utilise linkers and cytotoxins no longer under patent protection as patents have a 20‐year lifespan starting from their non‐provisional filing dates [8] …”

Section: Introductionmentioning

confidence: 99%

A Patent Review on FDA‐Approved Antibody‐Drug Conjugates, Their Linkers and Drug Payloads

Chia

2022

ChemMedChem

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Antibody‐drug conjugates (ADCs) have emerged as a promising class of biologics since the first approval of Gemtuzumab ozogamicin in 2000. Compared to small molecule drugs, ADCs are structurally much more complex as they comprise of an antibody conjugated to cytotoxic payloads by specially‐designed linkers. Correspondingly, the ADC patent landscape is also much more complex. This review collates and discusses the patents protecting ADCs approved by the FDA up to 31 December 2021, with particular emphasis on their linker and cytotoxin payload technologies.

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Understanding the basics of patenting

Cited by 15 publications

References 2 publications

The Watchful Waiting Strategy in Standard-Essential Patents: The Case of 5G Technology

The Watchful Waiting Strategy in Standard-Essential Patents: The Case of 5G Technology

Early-warning of trends in commercial wildlife trade through novel machine-learning analysis of patent filing

A Patent Review on FDA‐Approved Antibody‐Drug Conjugates, Their Linkers and Drug Payloads

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