Lovin' Spoonful; Missing Term?; The Patent Zombie

1 H5N1 spoonful of Regulations help the medicine become down

While he was busy pursuing other things, the Great Britain Patents Act 1977 was farther amended - this fourth dimension past times the The Medicines (Marketing Authorisations Etc.) Amendment Regulations 2005 No.2759 - which came into forcefulness on xxx October. These Regulations implement sure as shooting provisions of Directive 2004/27 which amends Directive 2001/83 on the Community code for medicinal products for human use. Regulation 3 amends department threescore of the Patents Act 1977 in addition to then as to implement Article 10(6) of Directive 2001/83 (substituted past times Article 1(8) of the 2004 Directive) in addition to Article 13(6) of Directive 2001/82 on the Community code relating to veterinarian medicinal products (substituted past times Article 1(6) of Directive 2004/28). These Articles supply that the send of tests in addition to trials for the purposes of Article 10(1) to (4) of the 2001 Directive, in addition to their consequential practical requirements, shall non live regarded as infringing patent rights for medicinal products.

is relieved to know that clinical experiments conducted for the role of gaining blessing for non-generic products volition non infringe whatever patents.

Compendium of EU legislation on medicinal in addition to pharmaceutical products for human work here
How to avoid using medicine here


2 There must live a term for it

If you lot continue getting the feeling you've seen something before, there's a bully French term for it: "déjà vu". But, the IPKat wonders, is in that location an every bit bully term for the opposite, the feeling that you lot are quite sure as shooting you lot haven't seen it before, when you lot have? One of the IPKat's friends has suggested "jamais vu". Can anyone arrive at better?

This is non mere idle speculation. In copyright infringement, subconscious copying occurs when a individual reproduces a move that he has no recollection of seeing or hearing. Where evidence tin live adduced that he did listen or run into the before work, a finding of infringement may follow.


3 The Patent Zombie

read this on PR Web Newswire (he likewise received it from Dev Gangjee): the U.S. of America Patent in addition to Trademark Office is publishing what is claimed to live the world's kickoff “storyline patent” application. Filed past times patent agent Andrew Knight in Nov 2003, this application must nonetheless overcome the hurdles of utility, novelty in addition to nonobviousness institute inward U.S. of America patent law. That fictional storylines may live patentable was kickoff suggested inward a Nov 2004 article in the Journal of the Patent in addition to Trademark Office Society, “A Potentially New IP: Storyline Patents.” The article argues that example constabulary strongly suggests that methods of performing in addition to displaying fictional plots, whether institute inward displace pictures, novels, tv shows, or commercials, are statutory dependent area matter, similar estimator software in addition to trouble concern methods.

The story, The Zombie Stare, tells of an ambitious high schoolhouse senior, consumed past times anticipation of college admission, who prays ane nighttime to stay unconscious until receiving his MIT admissions letter. He consciously awakes xxx years afterward when he lastly receives the letter, lost inward the post service for in addition to then many years, in addition to discovers that, to all external observers, he has lived an obviously normal life. He desperately seeks to regain xxx years’ worth of memories lost as an unconscious philosophical zombie.

Charles Berman, Co-Chair of the Patent Prosecution Practice at Greenberg Traurig LLP, comments: “non-obviousness in all probability presents the biggest challenge to patentability” because fry variations on a key subject may generate in addition to then many unlike storylines. The U.S. of America Patent Office is obviously planning to pose out subsequent storyline patent applications, likewise past times Knight, on Nov 17 in addition to Dec viii in addition to 22.

wants to know if this plot would live infringed past times his ain creation, The Patent Zombie. This is the storey of a patent agent who invents a fiction plot in addition to prays to stay unconscious until after his patent is granted. twenty years afterward he wakes up, to uncovering that the patent has issued, been ruthlessly exploited for turn a profit in addition to ultimately expired. To all external observers, he has lived an obviously normal life. He desperately seeks to regain twenty years’ worth of lost royalties lost as an unconscious patent troll.

More on Zombies here and here