Unlocking the potential in your invention
Fine Chemicals Group: What a chemist needs to know about patents, 8 June 2006, London, UK
Gaining the protection of a patent is the key to unlocking the financial potential of a new chemical invention, whether it be a drug, biopharmaceutical, agrochemical, dye, polymer or process. The industry as a whole spends tens of millions of pounds every year in litigation defending and challenging patents. And the reason is not hard to see – with blockbuster drugs or major chemical plants costing hundreds of millions of pounds to develop, but with the earning potential of billions more, there are fortunes to be both won and lost. Equally, academics have increasingly been discovering the value of protecting the ‘jewels’ that are uncovered within their university research groups.
Determining the scope and content of patents, writing the experimental, collecting the spectroscopic and activity data, and liaising with patent attorneys is usually the responsibility of the bench chemist and his or her supervisor. Accurately interpreting patents from other sources is a key component of any chemical research programme. Understanding which areas are open to exploration, or conversely where patent protection is strong, can save many wasted research years. Deciding correctly when there is sufficient data to file, and the best time to do so, can give a group a key advantage.
Considering the importance of patents, it is curious that so little time is spent training the chemists who are instrumental in compiling them. Most learn through a process of ‘osmosis’ from their peers and supervisors, with an occasional lecture or pamphlet thrown in for good measure. Yet the patents created by those chemists must fight for survival in an ever more competitive environment. Errors and inconsistencies will be challenged and uncertainties exploited in court. To compound these issues, the rules over what can and cannot be patented may be interpreted differently in different parts of the world.
In this one-day meeting of lectures and interactive sessions, SCI’s Fine Chemicals Group has brought together both US and UK experts to provide guidance for chemists on all aspects of the patenting process. The programme starts by exploring how to get the most from understanding the patent literature, and goes on to discuss what can and cannot be effectively patented. The drafting and filing processes will be illustrated with reference to model examples and real case histories. The strategy of protecting an area of invention with different types of patent claim will be discussed, with detailed coverage of what to expect during cases of infringement, and how to avoid them. A session on how electronic notebooks and electronic data capture will increasingly impinge on intellectual property claims will give a pointer to future patenting strategies.
The final session includes a more detailed analysis of the case history of a patent claim. The day winds up with an interactive discussion in which members of the audience are invited to ask questions arising from the day’s presentations, or to submit queries on particular topics or concerns in advance.
David Witty
Fine Chemicals Group
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