Patenting and Licensing Situation

The above deliberations culminate in a separation concept which can be broken down into individual unit operations. Initially, these operations can be examined in the laboratory either on a batch basis, or in a continuous process to determine whether they are feasible in principle (e.g., are azeotropes formed , how difficult is separation , what is the dissolution rate , can the phases be separated , etc.). This gives the initial process concept, which can be used as a basis for starting the actual process development. 

The information resources are usually licensed from databank hosts such as DIMDI, ECHO, KNIGHT, RIDDER, and STN International. The folllowing research strategies are widely used [Walter 1997]  

Then patents can be submitted that permit umestricted exploitation (rare). The idea is formulated in written form and supported by the results of some laboratory experiments. The basic structure of a patent document follows  

Critical treatment of the literature most relevant to the idea. Here hackneyed phrases such as As is generally known... or As is generally known to persons skilled in the art... are popular. 

What are the disadvantages of the state of the art Only disadvantages that are eliminated by the invention are mentioned. 

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Patent and licensing situation Application for licensing patent dept. 

Difficulty in supply and synthesis In propriate formulation Insufficient patent and licensing situation Excessive early toxicity Ineffective route or schedule of administration Long-term unpredictable toxicities Delays in execution of clinical trials Inappropriate compound choice Unexpected pharmacokinetics or metabolism... 

In the past, USA competing companies could not cooperate, such as in R D, without breaching antitrust laws. Patent pooling, such as collecting and cross-licensing patents, was precluded. Today the antitrust laws are reviewed, interpreted, and enforced less stringently, which permits industrial cooperation in selected and specific areas where poling does exist. This explanation is a simplistic summation to a very complicated situation. 

The situation can quickly become more complicated if we now add a third party who also has a patent, this one on a chair with two armrests but no wheels. The license negotiated, as described above between the first and second patentees, does not protect either patentee from suit by this third patentee, who is not a party to the license. Note that if this third patentee attempts to sell a... 

As shown in table 3, I.G. Farben expended a good deal of effort in trying to license its production processes and export its equipment to Japan, but in the end this effort was unsuccessful. Examination of the steps I.G. Farben undertook, and consideration of the firm s own analysis of the situation, makes it possible to ascertain some of the reasons for the lack of success. I.G. Farben faced several problems the lack of cooperation from International Hydrogenation Engineering and Chemical Co. (IHEC), an international joint venture that held patent rights to all hydrogenation processes the inflexible nature of the firm s own negotiating tactics and the opposition of the Japanese navy. 

The results of the research work of O. Roelen and co-workers as well as the results of W. Reppe and co-workers were published in Fiat, Cios and Bios Reports [18-20] after the end of World War II before the inventors were able to complete their work and file all necessary patents. As a result, the basic technology was made freely available to everyone and was license-free at that time. This situation attracted many companies and explains the rapid expansion of these reactions worldwide. 

For licensing pharmaceutical patents, the FTC officials established an advisory committee, which determined both the number of licenses issued and assessed the ability of applicants to make drugs safely. The FTC licensed four manufacturers for Salvarsan and Neosalvarsan by early 1918 Metz and DRL primarily, plus two others with relatively small outputs. Once DRL had an FTC license, all contracts and strained politeness ceased between Metz and Schamberg, a situation that required diplomacy by the advisory... 

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