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If enterprises are not prepared to continue in-depth research and development, public information in the earlier application the more beneficial to guard against others based on their further development. If the replacement product business plan development, prior patent applications public information properly, often influence the outcome of subsequent development of patent protection. Drugs R & D is a long process. From mass screening, to set the target compounds, to pass continually modified to continuously improve the related patents of new drugs also increased with the experimental process. Almost every major a large number of new drugs are subject to patent protection. First compound patent, a general formula to protect hundreds of new compounds. Then, from hundreds of compounds, selected out of a potential therapeutic effect of the structure matrix. Then this matrix from the direction of the various possible structural modification, the screening effect of specific target compounds. Finally, there is technology, Preparation Research. These results can be used to protect the patent, thus forming a vast network of patents. To patent network large, firm, during the patent application, it must be considered co-ordination to avoid at a loss. Patent application in writing, to take into account possible future patent applications related to technical content. If the business is not ready to continue in-depth research and development, public information in the earlier application the more beneficial to guard against others based on their further development. If the replacement product business plan development, prior patent applications public information properly, often influence the outcome of subsequent development of patent protection. Earlier patent application open to what extent is appropriate? First, open the contents of the patent law must meet the novelty, creativity, practical requirements, so that the patent application was able to review, be authorized. However, in meeting new, creative, practical premise, according to corporate R & D strategy, carefully consider the details of the technical content of the public. This problem is difficult to take into account the general patent agents, the need to guard-house legal counsel. Here Aventis Pharma Ltd and Impax experiment patent dispute. The focus of the case: the contents of an earlier patent in public, whether there is sufficient technical staff to make in this field after the patent invention. If so, then in the latter patent does not have the novelty and should be declared null and void; If not, then after the patent is novel, should maintain the patent valid. Aventis has riluzole treatment with amyotrophic lateral sclerosis spinal (abbreviated ALS) of US5, 527,814 (814) use the patent. Impax submitted to the U.S. FDA's generic drug riluzole application, triggered the Impax v. Aventis patent infringement, Impax counter-Aventis patent invalid case. Impax For the early use of Aventis application US5, 236,940 (940) to void the patent application after its 814 patent infringement as a defense measure overwhelmed by the respondent. Litigation, Impax stated: Orange book listed patent should be invalid, especially the Aventis patent No. 940 earlier than the public of its contents after the patent No. 814, therefore, patent No. 940 814 Patent No. existing technology, so that the loss of novelty of patent No. 814. No. 940 patent disclosed a set of compounds for the treatment of ALS disease. Patentee Aventis argued Impax: earlier patent application No. 940 is very broad dose range on the lack of adequate treatment instructions or guidance. Patent No. 940 also contains the example does not work. Patent No. 940, nothing can make the thought of free persons of ordinary skill riluzole treatment ALS, but also according to the teachings of Patent No. 940 for a large number of experiments required to identify the use of riluzole dose treatment of ALS.First instance, the Court found that: (1) 940 patents, including hundreds of type I compounds to treat several diseases; (2) the role of glutamate associated with the treatment of diseases not mentioned riluzole; (3) 940 patent itself compounds treat ALS inhibiting glutamate's wording is "fundamental uncertainty"; (4) 940 patent cases involving glutamate discussion is speculative at best. We are high quality suppliers, our products such as solar patio lighting Manufacturer , solar carriage light Manufacturer for oversee buyer. To know more, please visits solar powered table lamp.
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