Diagnostic Kits/Biotechnology and Intellectual Property Reinventing the Commons: Difference between revisions
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*This report is a creation of the Intellectual Property Modeling Group (IPMG) based at the Centre for Intellectual Property Policy at | McGill Centre for Intellectual Property Policy, 2005, Biotechnology and Intellectual Property: Reinventing the Commons: Workshop Report. Available at: www.cipp.mcgill.ca/data/events/00000017_en.pdf [Accessed November 20, 2009]. | ||
McGill University. The intended audience is policy makers seeking to make informed decisions regarding the balancing of intellectual property rights within the area fo biotechnology. | *This report is a creation of the Intellectual Property Modeling Group (IPMG) based at the Centre for Intellectual Property Policy at McGill University. The intended audience is policy makers seeking to make informed decisions regarding the balancing of intellectual property rights within the area fo biotechnology. | ||
*Problems with intellectual property protection of biotechnological inventions | *Problems with intellectual property protection of biotechnological inventions | ||
**American, Canadian and Australian Issues | **American, Canadian and Australian Issues | ||
| Line 6: | Line 6: | ||
**Proposed policies to address these concerns | **Proposed policies to address these concerns | ||
***proposed legislation to reform its patent law | ***proposed legislation to reform its patent law | ||
****"The original proposal for reform included a third party submission procedure for prior art, a post- grant opposition process with two windows for launching opposition (one, immediately after issue and a second at any time later), limitations on the availability of preliminary injunctions, adoption of a first-to-file rule (as opposed to the current first-to-invent rule), the requirement that all applications be published after 18 months (starting from the priority date) and a reinvigoration of the duty of candour." | ****"The original proposal for reform included a third party submission procedure for prior art, a post- grant opposition process with two windows for launching opposition (one, immediately after issue and a second at any time later), limitations on the availability of preliminary injunctions, adoption of a first-to-file rule (as opposed to the current first-to-invent rule), the requirement that all applications be published after 18 months (starting from the priority date) and a reinvigoration of the duty of candour." (page 18) | ||
****These reforms meet fairly heavy resistance and have not been successful to date. While these changes could effect patent law generally it is not clear than any of the proposed changes has any specific relevance to the field of diagnostic genetic kits. | ****These reforms meet fairly heavy resistance and have not been successful to date. While these changes could effect patent law generally it is not clear than any of the proposed changes has any specific relevance to the field of diagnostic genetic kits. | ||
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[[Category:Diagnostic_Kits]] | |||
[http://cyber.law.harvard.edu/commonsbasedresearch/Diagnostic_Kits#Resources DK Bibliography]<br> | |||
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Latest revision as of 14:38, 4 May 2010
McGill Centre for Intellectual Property Policy, 2005, Biotechnology and Intellectual Property: Reinventing the Commons: Workshop Report. Available at: www.cipp.mcgill.ca/data/events/00000017_en.pdf [Accessed November 20, 2009].
- This report is a creation of the Intellectual Property Modeling Group (IPMG) based at the Centre for Intellectual Property Policy at McGill University. The intended audience is policy makers seeking to make informed decisions regarding the balancing of intellectual property rights within the area fo biotechnology.
- Problems with intellectual property protection of biotechnological inventions
- American, Canadian and Australian Issues
- NO AMERICAN COMMENT
- Proposed policies to address these concerns
- proposed legislation to reform its patent law
- "The original proposal for reform included a third party submission procedure for prior art, a post- grant opposition process with two windows for launching opposition (one, immediately after issue and a second at any time later), limitations on the availability of preliminary injunctions, adoption of a first-to-file rule (as opposed to the current first-to-invent rule), the requirement that all applications be published after 18 months (starting from the priority date) and a reinvigoration of the duty of candour." (page 18)
- These reforms meet fairly heavy resistance and have not been successful to date. While these changes could effect patent law generally it is not clear than any of the proposed changes has any specific relevance to the field of diagnostic genetic kits.
- proposed legislation to reform its patent law
- American, Canadian and Australian Issues