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The most common patent for [link widoczny dla zalogowanych] technology-based companies areutility patents. Utility patents are granted to inventorsaccording to the Patent [link widoczny dla zalogowanych] Act, which can be found at Title 35 ofthe United States Code (U.S.C.) and states as follows:
Intellectual Property (IP) is a valuable asset that is includedin a company's "balance sheet" and provides additional [link widoczny dla zalogowanych] valuationto a company. For early stage and small companies, IP may be thecompany's sole or primary asset base.
As a result of increasingly growing criticism, the USPTO hasrecently [link widoczny dla zalogowanych] issued utility patent guidelines and rules regarding astricter definition of what is invented or patentable. These newguidelines and rules call for utility patents to have "specificand substantial utility that is credible."
It is important for a company to know [link widoczny dla zalogowanych] what IP it has and how toenhance the company's IP position which, in turn, enhances [link widoczny dla zalogowanych] thecompany's valuation.
Intellectual Property includes patents, trademarks, servicemarks, copyrights, and trade secrets. This value-added asset canbe sold, bought and traded as a part of everyday commerce.
Equally as important as what is patentable is [link widoczny dla zalogowanych] [link widoczny dla zalogowanych] what is notpatentable. What are not patentable are:
"Whoever invents or discovers any new and useful process,machine, manufacture, or composition of matter, or any new [link widoczny dla zalogowanych] anduseful improvement thereof, may obtain a patent therefore,subject to the conditions and requirements of this title." (35U.S.C., ?101)
(4) Products of [link widoczny dla zalogowanych] nature
However, what constitutes patentable subject matter has comeunder broad interpretation as a result of the U.S. Supreme Courtdecision in Diamond [link widoczny dla zalogowanych] vs. Chakraborty (1980), which establishedthat companies or individuals could receive utility patents fornewly created organisms. Since then, the biotechnology industryhas argued that patents should issue on genes, proteins andother natural materials which have commercial value.
The new utility patent guidelines and rules will have a profoundeffect [link widoczny dla zalogowanych] on the biotech and related industries.
(1) Design Patents (for example, an ornamental design for anarticle of manufacture) (2) Plant Patents (for example, anasexually produced flower or plant) (3) Utility Patents
(1) Laws of nature (2) Physical phenomena (3) Abstract ideas
Patents are often the most valuable IP [link widoczny dla zalogowanych] asset for most companies.Strictly speaking there are three types of U.S. patents:
Primarily as an effort to boost U.S. eminence andcompetitiveness to the then fledgling but growing biotechindustry, shortly after the Diamond vs. Chakraborty decision theU.S. Patent Office (USPTO) began issuing patents on products ofnature including genes (human or otherwise), gene fragments,cell lines, proteins and other naturally occurring substances.
In addition, it is no [link widoczny dla zalogowanych] longer acceptable to make general claimsregarding utility and usefulness. For example, it will not beacceptable to claim that a protein is a source of amino acids ora feed [link widoczny dla zalogowanych] supplement or a dietary supplement, but real-worldutility must be specified and demonstrated.
Visit for additionalinformation concerning Intellectual Property (IP) and thebusiness of science and technology.
No longer will it be sufficient to claim that a particularbiological or molecular probe (DNA, protein, etc.) to be auseful probe, the new utility test calls for specific utilityregarding that particular molecular probe (i.e., a probe for aparticular gene, a probe for a specific disease state or a probefor a defined location on a chromosome).