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Actual - Patent - Business Method Patents - Part II
In this second article on business method patents we're going to continue our discussion on what happens when two companies are battling it out
According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product
for the same patent.
There are two ways that an Internet patent can be used. The first way is to use it offensively against a major competit
There are two ways that an Internet patent can be used. The first way is to use it offensively against a major competit
; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.
Examples of combination products may in
Examples of combination products may in
r to help eat into their market share. The second way is to use it defensively against a major competitor who is threatening to sue based on o
lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.
ne of their patents. Case studies show that most companies are less likely to go to court when the opposing company can show that it has a pat
here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe
nt. Usually these companies agree to a truce by cross licensing each other's patents.
Here is an example of this.
Company A and Company B bo
Here is an example of this.
Company A and Company B bo
d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.
Combination pro
Combination pro
th sell tickets online. This includes services for exchanging unwanted tickets and also earning rewards for being a frequent purchaser. Compa
ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc
y A happens to hold a patent on a method of exchanging tickets. Company B has a patent on a way of exchanging rewards points. Even though eac
easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi
h company believes that the other company is infringing on their patent neither one goes to court over it. Instead they decide to cross licens
nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically
their patents so that each company can perform both services, exchanging tickets and rewards points.
So how is it determined who gets a paten
So how is it determined who gets a paten
and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ
t? What happens when business A applies for a patent but business B can show that it was using the method for a year prior to filing? Busines
ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi
B can either stop the patent from going through right then and there or it can wait and invalidate the patent at a later time. The key to thi
ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.
Following aspects would a
Following aspects would a
s whole procedure is that the use of business B's method MUST have been public knowledge prior to business A filing for a patent. If business
dd to the challenges in developing combination products:
Which markets to tap where the combination products can do fairly well?
Which combination prod
Which markets to tap where the combination products can do fairly well?
Which combination prod
used the patent confidentially then business A will be granted the patent even though business B used the method first. However, in a 1999 am
cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin
endment to this law, even though business A gets the patent, business B can still use the method without any penalty.
An example of this is as
An example of this is as
tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
What would be the developing cost?
How to tackle the risks encountered during combination product developmen
follows. Business A has been using a certain method of accounting for many years but never disclosed it to the general public. Company B, ove
t?
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel
r the course of time and totally unaware that business A has already created this method, develops the method themselves and files for a patent
ping new procedures for reviewing their safety, efficacy and quality.
Professional from academic institutions, pharmaceutical industries, health care indust
Professional from academic institutions, pharmaceutical industries, health care indust
When company B finds out that company A has been using this accounting method they file a lawsuit against company A. Company B is granted th
y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products
eir patent but company A is allowed to continue its use of the method without any penalty of law.
Just as a note. If company A had been using
Just as a note. If company A had been using
.
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de
the method publicly before company B filed for the patent, the patent issued to company B would have been invalidated or possibly would have ne
elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.
Companies that provide selfless information through particip
Companies that provide selfless information through particip
ver been granted at all.
In the next article in this series we're going to discuss the legal requirements for getting a business method patent
In the next article in this series we're going to discuss the legal requirements for getting a business method patent
tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products
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BB link (for phorums):
[url=http://www.actual.org.ua/article/130788/actual-Patent--Business-Method-Patents--Part-II.html]Patent - Business Method Patents - Part II[/url]
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