The Patent Process

Another significant disadvantage of the patented process is the two large mnning seals involved in the main body of the filter as the vessel rotates around a stationary central arrangement this seal is another potential source of trouble. This version has Htde chance of commercial success and has been shelved in favor of a more conventional system of stationary vessel (16). 

Complexation of the initiator and/or modification with cocatalysts or activators affords greater polymerization activity (11). Many of the patented processes for commercially available polymers such as poly(MVE) employ BE etherate (12), although vinyl ethers can be polymerized with a variety of acidic compounds, even those unable to initiate other cationic polymerizations of less reactive monomers such as isobutene. Examples are protonic acids (13), Ziegler-Natta catalysts (14), and actinic radiation (15,16). 

Commercial Processes. Olin s earlier triple salt process, originally commercialized in 1928, was modified in 1983. In the patented process, a slurry of dibasic calcium hypochlorite is mixed with a strong, low salt sodium hypochlorite solution and hypochlorite Hquors and chlorinated. The resultant Ca(OCl)2 2H20 slurry is filtered, the cake going to the dry-end and the filtrate to the dibasic precipitation step where it reacts with lime. 

The patent expiration date (in the U.S. usuaily 17 years after the patent issuance date cited) offers the opportunity to duplicate and practice the patented process without legal conflict after expiration. 

The definition of the patented process offers the opportunity to an innovative chemist to develop a process which bypasses the original patent claims and offers a new legally clear route to an economically attractive product. 

Table 5 indicates that RuCl2(PPh3)3 has been frequently used for selective hydrogenation of C=C in NBR [48-52]. This is commercially available and is also easy to synthesize. In most of the patented processes, low-molecular weight ketone solvents are used to avoid the gel formation. The activity of the catalyst can be enhanced by the use of certain additives, such as trieth-ylamine [59], isopropanol [52], and ammonium hexaflu-orophosphate [50] in the reaction system. This might be... 

Trade secrets are creative works (usually methods, processes, or designs) that are not covered by the strict definition of an invention required for a legal patent. Or they are actual inventions that a company or individual does not want to expose to public scrutiny through the patent process (since the published patent must contain a written description of the invention). 

For food and pharmaceutical applications, the microbial count must be reduced to less than 10,000 viable cells per g exopolysaccharide. Treatment with propylene oxide gas has been used for reducing the number of viable cells in xanthan powders. The patented process involves propylene oxide treatment for 3 h in a tumbling reactor. There is an initial evacuation step before propylene oxide exposure. After treatment, evacuation and tumbling are alternated and if necessary the reactor is flushed with sterile nitrogen gas to reduce the residual propylene oxide level below the Food and Drug Administration permitted maximum (300 mg kg 1). The treated polysaccharide is then packaged aseptically. 

A key theme emerging from this chapter is that actions taken during the patenting process can dramatically affect a patent s ability to survive when it is challenged in a Federal Court, the Patent Office, or before the U.S. International Trade Commission. 

Pfizer won at the district court level, but lost on appeal at the Federal Circuit, in part because Claim 6 was not written in proper form [11]. This case presents an excellent example of the "reach through" effect how small actions early on in the patent process can have large consequences in litigation. 

This event was the birth of splitting water with Al-Ga alloys. The technical details of this reaction can be found in US Patent 4,358,291 issued on Nov. 9, 1982 with co-inventors Jerome Cuomo and Jerry M. Woodall, who were both employed at IBM when the patent was issued. An intriguing and commercially interesting aspect of this invention was the fact the Ga component of the alloy is inert in the process. Even so, since the patented process is about Ga rich Ga-Al liquid alloys, and owing to the high cost of Ga (currently 350/kg) there was no widespread commercial interest when the patent was issued. 

While the inventor often prepares the first draft of the patent application, a patent specialist is normally employed to prepare a final draft and guide the application through the patenting process. 

The CFX MiniFix technology is categorized as a chemical fixation/stabilization process. The patented process, enhanced by additional proprietary developments, stabilizes mobile constituents within a waste matrix by ntiUzing the chemical reactions between complex silicates. The reactions solidify and stabilize the wastes into a claylike product that is suitable for either on-site or landfill disposal. The matrix-forming chemistry is assisted as needed by reaction-promoting additives. 

Looking at the hurdles in the patenting processes, one may wonder how inventors can improve their chances of obtaining valid patent rights. Below, some suggestions are made. 

Web Address www.dnapatent.com/law Patent Law for Non-Lawyers is an informative site detailing the patent process in the fields of biotechnology and engineering. The site assumes a working knowledge of the industry. 

Although the patent process begins with the filing of a patent application with the USPTO, the types of patent applications can vary according to whether the application is for a design, plant, or utility patent. As chemists, we probably will be concerned... 

---