CONTENTS :
Introduction
Intellectual Property Rights
Patents
Patents on Algorithms
Patents on Human Interfaces
Patents on Machine-Machine Interfaces
Patents on Data Structures
Copyright
Protection of Databases
Trade Secrets
Enforcement of Rights
Conclusion
References
INTRODUCTION :
The days in which IP (intellectual property) strategists were separated into groups of pharmacologists (chemists or biologists) and other groups of computer scientists are slowly passing—in the same manner in which the technologies are increasingly overlapping in the scientific world.
Pharmacology patent lawyers had typically spent their training in the laboratory working with chemicals or using polymerase chain reaction (PCR) techniques; they understood how small molecular entities functioned and characterized sequences of RNA, DNA, and proteins.
Computer scientists, on the other hand, spent hours programming computers and later writing software and business method patents.
Just as understanding the application of computers in pharmacology presents a challenge for researchers in both fields, it also means that the IP specialists also need to combine strategies from both fields to obtain the best possible legal protection for innovation.
A few years ago a study carried out by the London-based consulting firm Silico Research reported that very few patent applications had been filed in bioinformatics.
The reasons cited in the study for the scarcity of patents included the fact that many current bioinformatics products merely combined existing data sources into a single product and the difficulty of proving infringement of software patents.
The United States Patent and Trademark Office (USPTO) recognized in 1999 that bioinformatics represented a special challenge and that same year created a special examination group—Art Unit 1631—to examine the increasing number of applications .
Since these studies were published, however, the growth in the number of bioinformatics patents seems to have stalled.
INTELLECTUAL PROPERTY RIGHTS
The term “ Intellectual property Rights” is used to describe the legal instrument for protecting innovation .
There are intellectual property issues associated with four elements of a software program:
Program function - whether the algorithm is performed by the hardware or the software,
External design - the conventions for communication between the program and the user or other programs,
User interfaces - the interactions between the program and the user,
Program code - the implementation of the function and external design of the program.
CONCLUSION
The use of computers in developing new pharmaceutical products is nowadays common place, and a number of tools and databases have been developed to improve their use. Although intellectual property rights have to date rarely been the subject of court cases.
Computational modelling of drug disposition lalitajoshi9
computational modelling of drug disposition is the integral part of computer aided drug design. different kinds of tools being used in the prediction of drug disposition in human body. This topic in the CADD explains the details about the drug disposition, active transporters and tools.
Computational modelling of drug disposition lalitajoshi9
computational modelling of drug disposition is the integral part of computer aided drug design. different kinds of tools being used in the prediction of drug disposition in human body. This topic in the CADD explains the details about the drug disposition, active transporters and tools.
REGULATORY AND INDUSTRY VIEWS ON QbD, SCIENTIFICALLY BASED QbD- EXAMPLES OF A...Ardra Krishna
The pharmaceutical Quantity by Design (QbD) is a systemic approach to development that begins with predefined objectives and emphasizes product and process understanding and process control, based on sound science and quantity risk management.
QbD has been adopted by U.S Food and Drug Administration (FDA) for the discovery, development and manufacture of drugs.
Quality- by- design (QbD) is a concept introduces by the International Conference on Harmonization (ICH) Q8 guidelines.
Computational modeling of drug dispositionPV. Viji
Computational modeling of drug disposition , Modeling techniques , Drug absorption , solubility , intestinal permeation , Drug distribution , Drug excretion , Active Transport , P-gp , BCRP , Nucleoside transporters , hPEPT1 , ASBT , OCT , OATP , BBB-choline transporter
Myself Omkar Tipugade , M- Pharm ,Sem - II, Department of pharmaceutics , from Shree Santkrupa College Of Pharmacy , ghogaon . Today I upload presentation on Active Transport like P-gp , BCPR, Nucleoside transporters etc .
REGULATORY AND INDUSTRY VIEWS ON QbD, SCIENTIFICALLY BASED QbD- EXAMPLES OF A...Ardra Krishna
The pharmaceutical Quantity by Design (QbD) is a systemic approach to development that begins with predefined objectives and emphasizes product and process understanding and process control, based on sound science and quantity risk management.
QbD has been adopted by U.S Food and Drug Administration (FDA) for the discovery, development and manufacture of drugs.
Quality- by- design (QbD) is a concept introduces by the International Conference on Harmonization (ICH) Q8 guidelines.
Computational modeling of drug dispositionPV. Viji
Computational modeling of drug disposition , Modeling techniques , Drug absorption , solubility , intestinal permeation , Drug distribution , Drug excretion , Active Transport , P-gp , BCRP , Nucleoside transporters , hPEPT1 , ASBT , OCT , OATP , BBB-choline transporter
Myself Omkar Tipugade , M- Pharm ,Sem - II, Department of pharmaceutics , from Shree Santkrupa College Of Pharmacy , ghogaon . Today I upload presentation on Active Transport like P-gp , BCPR, Nucleoside transporters etc .
Leage For Programming Freedom. Against Software Patents. (1991)guest757c2c1
The League for Programming Freedom is an organization that opposes software patents and user interface copyrights. The general aim of the League for Programming Freedom is to prevent monopolies on software development. Initially the League's only specific position was against interface copyright. But once the League began to operate, members called its attention to the problem of software patents. In December 1990, the League members voted to adopt a position opposing software patents.
The League's main activity was to publicize the danger of interface copyrights and software patents. The League carried out a second protest at Lotus Development Corporation in 1990, as well as dozens of speeches to inform the software community. Its position papers were printed in Dr. Dobbs' Journal and the Communications of the ACM. The League has testified at Patent Office hearings on software patents and filed friend-of-the-court briefs on behalf of defendants in interface copyright and software patent cases.
Intellectual Property Protection In softwareviralishere
There is a dearth of theoretical and practical analysis of the software patent and copyright debate, at least from the point view of computer science.
Under copyright, software is just a Hamlet with numbers, although practically it is legible by computer in some form and by humans in other form, it does have a unique mathematical structure. Under Patent, software which has a technical effect can be protected under Patent Laws.
The essential parts of the software are its Interface (Graphics), Data compilation (Data) & Data Manipulation (Logic).Thus software itself is made of various entities which are protected under different IPR laws. Under Copyright Law, the Graphics and Data compilation could be protected although the essential and most importantly the Logic or Manipulation is not protected either under patent or copyright although under new guidelines software have been made patentable.
With versions of software being updated every year, out of which only a few have new feature updates (Logical), while other are mere change in graphical interface. The life cycle seems to be extremely small compared to the protection provided to the software under copyright. 60 years of protection to every new version is unjustifiable to the logic of the software which is the essence.
IPR protection is to provide an incentive to develop newer technologies and better products. Protection to software without complete disclosure of source code to user is unjustifiable and slows down the development due to lack of knowledge. Also disclosure of what specifically is protected in the software is unavailable in the agreements.
Dominant companies in software are abusing their position using IPR laws. Competition laws come into picture only once a Monopoly is created and many competitors have already suffered at the hands of the Dominant one.
In an ideal world GNU open source agreements provide a much better protection in this case and provides justice to users and operators who develop skill of using the software.
Knobbe Martens co-hosted a 2-hour seminar in Orange County on Protecting Your Intellectual Property with a distinguished panel of global patent practitioners.
Software Patents in India - How to File a Patent ApplicationRahul Dev
Overview of software patents in India. Guide to file a patent application in India. Insights by patent attorneys in India
Here are 5 steps to draft patent claims and write patent applications for inventions and technologies belonging to the field of Software, Mobile Apps, Cloud Computing or Internet of Things (IoT): https://patentbusinesslawyer.com/2018/03/23/how-to-get-a-patent-in-india-for-software-mobile-applications-and-computer-related-inventions-iot-internet-of-things-patent-landscape/
Thoroughly understand the innovation as a problem-solution approach
Prepare flow diagrams (flowcharts) to cover all aspects of the processes disclosed by the innovation.
Prepare system architecture (block diagrams) illustrating all hardware elements connected via network
Ensure proper sync between the flowcharts and block diagrams
Draft patent claims (system or apparatus) covering all elements of block diagrams along with process (method) claims
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Why are Software Patents not available in India?
When the set of patent claims are written for web based software just stating various method steps and without disclosing what apparatus and/or structural component are carried out by the said steps in that case the invention falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended).
Software Patents Granted in India
Patent applications claiming computer related innovations, software and mobile applications can be patented in India if patent claims are drafted to protect the innovative aspects of such inventions. Specifically, the innovative aspects can include inventive process / methods along with inventive apparatus / system (hardware components).
https://patentbusinesslawyer.com/2017/03/03/role-of-patent-attorney-internet-of-things-technology-and-iot-laws/
Drafting Software Patents: Writing a patent application for software or mobile applications and drafting corresponding patent claims are highly technical jobs. Drafting various sections of a patent application is really challenging, as these have to be in accordance with formats specified by the patent office. Specifically, writing patent claims is most crucial part of patent drafting process: https://www.techlaw.attorney/ultimate-cheat-sheet-for-drafting-software-patents-patent-application-writing-guide/
How to Create Map Views in the Odoo 17 ERPCeline George
The map views are useful for providing a geographical representation of data. They allow users to visualize and analyze the data in a more intuitive manner.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
ESC Beyond Borders _From EU to You_ InfoPack general.pdf
LEGAL PROTECTION OF INNOVATIVE USES OF COMPUTERS IN R & D.pptx
1. LEGAL PROTECTION OF INNOVATIVE USES OF
COMPUTERS IN R & D
Dadasaheb Balpande College Of Pharmacy
Besa , Nagpur – 440037
2022-2023
Presented By : Guided By :
Tanvi D. Mhashakhetri Dr. Amol Warokar
M.Pharm Pharmaceutics Associate Professor
II Semester
1
2. CONTENTS :
• Introduction
• Intellectual Property Rights
• Patents
Patents on Algorithms
Patents on Human Interfaces
Patents on Machine-Machine Interfaces
Patents on Data Structures
• Copyright
• Protection of Databases
• Trade Secrets
• Enforcement of Rights
• Conclusion
• References
2
3. INTRODUCTION :
• The days in which IP (intellectual property) strategists were separated into groups of
pharmacologists (chemists or biologists) and other groups of computer scientists are slowly
passing—in the same manner in which the technologies are increasingly overlapping in the
scientific world.
• Pharmacology patent lawyers had typically spent their training in the laboratory working with
chemicals or using polymerase chain reaction (PCR) techniques; they understood how small
molecular entities functioned and characterized sequences of RNA, DNA, and proteins.
• Computer scientists, on the other hand, spent hours programming computers and later writing
software and business method patents.
3
4. • Just as understanding the application of computers in pharmacology presents a challenge for
researchers in both fields, it also means that the IP specialists also need to combine strategies from
both fields to obtain the best possible legal protection for innovation.
• A few years ago a study carried out by the London-based consulting firm Silico Research
reported that very few patent applications had been filed in bioinformatics.
• The reasons cited in the study for the scarcity of patents included the fact that many current
bioinformatics products merely combined existing data sources into a single product and the
difficulty of proving infringement of software patents.
4
5. • The United States Patent and Trademark Office (USPTO) recognized in 1999 that
bioinformatics represented a special challenge and that same year created a special
examination group—Art Unit 1631—to examine the increasing number of applications .
• Since these studies were published, however, the growth in the number of bioinformatics
patents seems to have stalled.
5
6. INTELLECTUAL PROPERTY RIGHTS
The term “ Intellectual property Rights” is used to describe the legal instrument for protecting
innovation .
There are intellectual property issues associated with four elements of a software program:
Program function - whether the algorithm is performed by the hardware or the software,
External design - the conventions for communication between the program and the user or other
programs,
User interfaces - the interactions between the program and the user,
Program code - the implementation of the function and external design of the program.
6
7. The application of computers to pharmaceutical research and development are patents, copyrights,
and database rights.
7
9. PATENTS
• Patents are the most important and strongest type of intellectual property. Patents protect
inventions or technical innovations.
• Patents do not protect new designs (these are protected by copyright or registered designs).
• In the application of computers to pharmaceutical applications, both hardware inventions and
software inventions can be protected by patents.
• The hardware might consist of a microarray, a processor, memory and a display device.
9
12. • The software would consist of the set of instructions processed in the processor for processing
data obtained from the microarray and stored in the memory.
• Hardware inventions are clearly patentable, and, despite misgivings in some quarters it is now
generally recognized that software can be protected by patents.
• The German Supreme Court, for example, has explicitly stated that the application of computers
in chemistry or biology is acceptable patentable subject matter .
12
13. PATENTS ON ALGORITHMS
• Whereas until recently much of the analysis of data in pharmaceutical research and
development was carried out essentially by manual processes.
• The volume of data that is currently being generated means that increasingly sophisticated
algorithms are being used to order, sort, and analyze the data.
• No patent office will allow the patenting of an without reference to its practical application.
• This certainly suggests that any algorithm used in the analysis of data, such as DNA sequence
or protein data, should be patentable as long as it is not couched in purely mathematical terms
but is applied to achievement of a useful, concrete result.
13
14. • Thus, for example, an algorithm such as the Smith–Waterman algorithm to identify
homologies among proteins would have been patentable because it offers a useful , concrete
result.
• An example would be an algorithm that efficiently searches annotations in databases for
information about potential adverse side effects.
14
15. PATENTS ON HUMAN INTERFACES
• Most computer programs for use in pharmaceutical research and development must interact
with a human researcher.
• Given the amount of data that can be potentially provided to the researcher, efficient means
are needed to present the data in a readily understood manner.
• European patent officer indicated that patent might be granted if the information presented is
more than just “mere” data.
15
16. PATENTS ON MACHINE-MACHINE INTERFACES
• Unlike Patents on machine-human interfaces, patents are regularly granted in both the United
States and in Europe on the interfaces to a computer program.
• The creator of the computer program to limit the access to the computer program only to
others to whom a license to use the interface has been granted.
• The use of patents on machine-machine interfaces can be illustrated by considering the
example of a microarray.
• The data obtained by the microarray can be processed by any computer system running a
suitable program.
16
17. PATENTS ON DATA STRUCTURES
• Much of the early interest in the application of computer programs to pharmaceutical research
and development was focused on the construction of databases to record data generated by
drug testing.
• The experimental data in such early databases were often stored in a simple flat file
structure.
• Subsequently, relational database structures were developed to allow the more efficient and
significant analysis of the data stored therein.
17
18. • The structure of these databases can be protected by patents.
• Instead the detection is carried out automatically, and the results are fed into a computer.
• The computer program processes the data and produce them in a form that can be understood
and interpreted by a human.
18
19. COPYRIGHT
• Copyright is traditionally used to protect literary works or works of art from copying or from
the making of so-called derivative works, that is, new works based on a protected work.
• More recently, protection under the copyright laws has been extended to software. In the
United States, software is protected as a literary work and registration of the copyright is
carried out at the US Copyright Office (www.copyright.gov).
• Council Directive 91/250/EEC on the Legal Protection of Computer Programs of 14 May 2001
introduced a common protection within the member states of the EU under which software was
to be protected as a literary work.
19
20. • Copyright only protects the so-called “expression” of the innovation, that is, the computer code,
and protection does not extend to the innovation itself.
• Copyright protection can extend also to flow diagrams or pseudo code, and so these cannot be
used to create a new (derived) program.
20
21. PROTECTION OF DATABASES
• In addition to the patenting of database structures, a database can be protected either by
copyright protection or by so-called database rights.
• The extent to which information in the database can be protected by copyright varies widely
depending on the country involved.
• A developer of a database can prevent the extraction and/or reuse of all or a substantial part of
the contents of the database .
• This means that a party that creates, for example, a database comprising genome sequence data
or protein structure data can stop others from using these data without permission.
21
22. TRADE SECRETS
• Trade secret protection is probably the weakest of all intellectual property rights.
• The US Uniform Trade Secret Act defines a trade secret as information, including a formula,
pattern, compilation, program device, method, technique, or process, that
1) derives independent economic value, actual or potential, from not being generally known to,
and not being readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use and
2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy .
22
23. • Trade secret protection can play a significant role in the protection of computer software.
• If the code is only released in object form and the source code is not readily available, then the
source code—so long as it is only known to a limited group of programmers—remains covered
by trade secret protection.
23
24. ENFORCEMENT OF RIGHTS
• Obtaining IP protection is only the first step. The intellectual property rights obtained are only
useful if they can be exploited and—ultimately—unauthorized users of the rights can be
stopped from exploiting them.
• United States and the United Kingdom have had to deal with this issue in patent infringements
unrelated to pharmaceutical science.
• In the United States, the dispute centered around the popular Blackberry e-mail devices .
• A US company, NTP Inc., sued the makers of the Blackberry device, the Canadian company
Research in Motion, for patent infringement.
• Software or the results of the program being displayed on the user’s machine, it is probable
that a court would consider that to be sufficient to be a copyright infringement.
24
25. CONCLUSION
The use of computers in developing new pharmaceutical products is nowadays common place, and
a number of tools and databases have been developed to improve their use. Although intellectual
property rights have to date rarely been the subject of court cases, protection is available and the
courts are prepared to enforce these rights, even in an international context.
25
26. REFERENCES
1. Sean Ekins, A John Wiley & Sons, Computer Applications In Pharmaceutical Research And
Development , Inc., Publication Page no. 703-714.
2. Intellectual property rights and computer software by Dawn E. Bowman.
26