Patents position

Ethylene oxide (qv) was once produced by the chlorohydrin process, but this process was slowly abandoned starting in 1937 when Union Carbide Corp. developed and commercialized the silver-catalyzed air oxidation of ethylene process patented in 1931 (67). Union Carbide Corp. is stiU. the world s largest ethylene oxide producer, but most other manufacturers Hcense either the Shell or Scientific Design process. Shell has the dominant patent position in ethylene oxide catalysts, which is the result of the development of highly effective methods of silver deposition on alumina (29), and the discovery of the importance of estabUshing precise parts per million levels of the higher alkaU metal elements on the catalyst surface (68). The most recent patents describe the addition of trace amounts of rhenium and various Group (VI) elements (69). 

Nickel passivation is generally economically attractive when the nickel content of the E-cat is greater than 1,000 ppm. The Phillips Petroleum secondary antimony patent position is due to expire in l uc 1999, At that time, antimony passivation can become economically attractive at a lower nickel level than 1,000 ppm. 

Patent Position of Emerging Companies in Organic Light-Emitting Materials... 

The general effect of the latter provision is to afford the holder of the first marketing authorisation a period of marketing exclusivity for 6 or 10 years, irrespective of the patent position, during which time the second applicant cannot make an MA application and enter the market unless he produces the full data required under Directive 2001/83/EEC. 

The novel catalyst system based on palladium(O) /V-heterocyclic carbene complexes was developed by the group of Beller, in part prompted by the strong patent position of Dow on phosphine-based palladium catalysts [8]. The catalyst [37], either generated in situ from the corresponding imidazolium salt or the molecularly defined divinyldisiloxane complex [Pd(Imes)(dvds)] (Fig. 3), was used in the telomerization of 1,3-butadiene with methanol [38—40]. The /V-heterocyclic carbenes are in general better a-donor ligands and come with considerably different steric requirements than the phosphines. The [Pd(Imes)(dvds)] complex resembles the final telomer-palladium product complex and thus offers a facile and clean entry into the catalytic cycle. The metal carbene complex was shown to be... 

Dr. David Johnson (1975-1982). Of all my senior managers, Dave Johnson was the one who knew most about organic chemistry and synthesis. He was a hard-driving chemist with a nose for practical solutions to process development problems. Being a student of Professor John Sheehan, his knowledge of (3-lactam chemistry was extensive. Indeed he was called on to represent Bristol-Myers in its many patent battles with Beecham in which Bristol-Myers staked out its own patent position covering ampicillin and amoxicillin trihydrates.8... 

Our task was complicated by the fact that we were aware, from our licenser, that others were working on the same problem, might be ahead of us, and may be developing patent positions that could potentially negate our efforts. 

Johnson et al. had attempted to cover the Schering reduction process in a later patent filing9 having a priority date of November 17, 1992. But they were too late. Schering had beaten them with a priority date of September 18,1992. Thus the speed with which Dr Tann and his group phased in the methyl formyl phenylacetate approach provided Schering with the lowest-cost technology and a vital patent position. 

Companies working on the same core molecule build patent franchises to protect their positions, often designing around the patent positions of competitors. One such situation arose when Beecham saw Bristol-Myers enter the Japanese Amoxicillin market. Beecham s belief was that Bristol-Myers was using its patented process for the manufacture of Amoxicillin (Scheme 5). 

Designing around the patent positions of others frequently requires the kind of thinking that identifies new and sometimes revolutionary approaches to a synthesis competitive instincts and seemingly insurmountable obstacles stimulate new insights and speed innovation. 

My colleagues and I developed a novel imaging system, which resulted in products for the prepress proofing industry that were successful for over 35 years. They were big earners because the research was done with an eye on establishing a strong patent position, and no effective competition came along. The photo-oxidants that were developed became enormously successful as photopolymerization initiators, which allowed DuPont to manufacture a series of novel products of importance to the printing and electronics industries. Now, some 40 years after this work was done, these biimidazole derivatives still appear to be initiators of choice and are found to play a role in current patents. 

In 1962, soon after we had demonstrated the photofix concept, we still had no good idea what to do with our light-sensitive papers. Our management had little experience in the area, and we were constrained in going outside the company for help, for fear of compromising our patent position. Where could we get help ... 

Cover Figure Raman spectra of two polymorphs of Cimetidine are shown on the cover Cimetidine is a pharmaceutical product that has six polymorphic forms and each form has a distinctive Raman spectrum as shown in Figure 4 25 of Chapter 4 (with permission of Ref 47). The particular polymorphic or crystalline form of a compound can be very important since the bio- availability and patent positions often depend upon the form Raman spectra can be used to easily identify the polymorphic form. 

Because of the highly developed patent law and the large number of patents applied for in the United States, rulings by the Patent Office or the courts are available to establish the patentability of almost any type of chemical invention. Abroad, this is not always so. In the 200 or so foreign territories where patents may be obtained, the laws are generally less sophisticated than they are in the United States and vary widely from one another. So, the exact patent position of a given invention is often uncertain. 

Eor their vehicle PEEC named Scenic , Renault-Nuvera, commencing with their Andromeda PEEC , aim at 30/kW by 2010. The Scenic fuel cell is not likely to compete with more advanced Ballard cells based on cheap flexible graphite rather than on costly titanium flow plates. Whatever technical performance Renault achieves, Ballard can beat it. The lather s patent position is more or less impregnable. 

A state-of-the-art investigation is of great value when the whole field of activity is being reviewed, because it gives a picture of the patent situation and industrial development in the field, and shows potential competitors and their economic and patent position. 

Many of the new companies have leveraged novelty of an expression platform (e.g., containment) as the competitiveness of the protein production platform. Epicyte, Inc. appears to have been an exception that developed proprietary expertise in antibody expression in plants without a discernable novel patent position (whether Epicyte obtained a license to operate from Monsanto is not clear Epicyte was acquired by another startup, BioLex, Inc. in 2004). Because expression of... 

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