Patent Opposition Database
description
Transcript of Patent Opposition Database
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent Opposition Database
Felipe de CarvalhoMSF - Access Campaign
Brazil
Washington D.C., USA, 22-27 July 2012www.aids2012.org
What are Patent Oppositions?
• Challenge the validity of a patent – both during the period when a patent application is being reviewed, and after the patent has been granted
• useful tool to voice concerns over questionable monopolies
• NOT ALL countries have examining process
• NOT ALL countries have patent opposition procedures
• NOT ALL the countries allow for both pre and post grant opposition
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Why doing patent oppositions?
• Competition to bring down prices is only possible when patent barriers are overcome opposition can lead to unrestrained competition
• A patent may be invalid for various reasons Oppositions can advocate for improved patent quality and reduce over-
patenting
• Those in need of medicines are interested parties to the granting of a patent oppositions can promote public participation during the patent examination
process or allow public interest groups to challenge wrongly granted patents
• The use of some of the TRIPS flexibilities rely on political will oppositions are an independent way to protect public health interests
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent oppositions – Achievements
01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy0
500
1,000
1,500
2,000
2,500
3,000
3,500
Series1
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent oppositions – Achievements
01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy 01-yy0
500
1,000
1,500
2,000
2,500
3,000
3,500
Series1
Local Production
Opp. by Farmanguinhos
Opp. By GTPI
Declaration of public interest
Opp. In India by ABIA + Sahara
Patent rejected
Divisional filed
Opp. To divisional by GTPI
Div. rejected
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent oppositions – Barriers
• Opacity of the IP system– One medicine, many patents – Lack of transparent database – Nomenclature
• Lack of technical expertise– information and capacity deficit in developing countries
• Lack of support
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent opposition Database
• Added value– Useful guidance / open to contributions
/preservation of memory
• Goals– Improve document and expertise sharing / build a
network (‘pool’ of contributors) / encourage new oppositions
• Tribute to past efforts + contribution to sustainability
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent oppositions – followed by…
0tan2a56602
0tan10a566010
0tan29a566029
0tan17a566017
0tan7a56607
WithdrawalAbandonementGrantRejectionUnder examination
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent opposition Database
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent oppositions – How to
• Check if and how oppositions are allowed in a country’s patent legislation
• Identify which patents cover the product: which one(s) will actually block generic production?
• Legislation review: grounds and procedures for opposition
• Patent application review: Building arguments
• Filling the opposition
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent Opposition Database- Search
Click
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent Opposition Database- Contribute
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Patent Opposition Database- Drug pages (lop/r)
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent Opposition Database- Contribute
Washington D.C., USA, 22-27 July 2012www.aids2012.org
Patent Opposition Database- Contribute