Humanitarian Uses of Patented Inventions

This note concerns two areas of policy concerning humanitarian uses of patents. (1), a recommended exception to patent rights for humanitarian uses, and (2), the licensing of patents for humanitarian uses. Both examples focus on access to essential medical technologies.

1. Exceptions to patent rights for humanitarian uses.

The following proposal was first developed within discussions of the MSF Expert Group on Intellectual Property, motivated in part by cases involving lack of access to HIV drugs in orphanages in Africa and Romania.

KEI Brownbag on Bilski case: Scope of Patentable Subject Matter

Date: September 10, 2009

On September 10, 2009 KEI hosted a brownbag lunch to discuss the scope of patentable subject matter, focusing specifically on the implications for life-science patents of the Supreme Court's forthcoming review of the Bilski Federal Circuit opinion. This is the first time since 1981 that the US Supreme Court will address the limits of patentable subject matter.

The key U.S. statue on this issue is Section 101 of the patent law:

35 USC 101. Inventions patentable

Sept 10: Scope of Patentable Subject Matter, Bilski ruling

KEI is hosting a brownbag lunch to discuss the scope of patentable subject matter with reference to the Supreme Court's forthcoming decision on Bilski's appeal.

Sept 10, 2009 KEI brownbag lunch on Bilski litigation

KEI will host a meeting on the Bilski litigation regarding patents on business methods, on September 10, 2009, from noon to 2:00.
When: Thursday, September 10, 2009
Time: 12:00-2:00pm

Knowledge Ecology International (KEI)
1621 Connecticut Ave NW, Suite 500
Washington, DC 20009
Tel +1 202 332 2670

The meeting will include presentations by:

Syngenta AG on patent pools and prizes

On July 14, 2009, at the WIPO Conference on Intellectual Property and Public Policy Issues, Michael Kock (Global Head IP Seeds and Biotechnology at Syngenta International AG) underscored that today’s global challenges can only dealt with in an efficient manner by creating innovation networks which included the reward of substantial amounts of money to solve technical challenges and problems.

President Obama picks David Kappos as USPTO Director, first open source fan to run USPTO

Our impressions about this appointment are positive, but we would like to hear from others. IBM has been very smart on IPR issues lately, recognizing that knowledge is often more valuable when shared. Coming from a successful technology firm, he will have both credibility and insight into innovation policy. He brings more balance to the job than anyone we can remember. Below are some interesting quotes from various articles.

India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt: Consolidated proposals for Chair’s Summary

May 8, 2009

The following text was submitted by the Like-Minded Group (India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt) on Friday, 8 May 2009, for consideration by the PCT Working Group. It is a best endeavor to consolidate the four proposals made yesterday by the African Group, Group B, GRULAC and the aforementioned like-minded Group.


Proposal of Group B for Recommendation to the PCT Assembly

Proposal of Group B for Recommendation to the Assembly

The Working Group of the PCT recognizes the willingness of all Contracting Parties to commit to developing the PCT in order to meet the needs of all applicants, Offices, third parties and the general public. Following its discussion of the roadmap presented in the document PCT/WG/2/3, the PCT Working Group makes the following recommendations to the Assembly.

India, Indonesia, Philippines, Sri Lanka, South Africa, Egypt: Inputs for chair’s summary proposed

India, Indonesia, Philippines, Sri Lanka, South Africa and Egypt have just provided inputs for the Chair’s (Canada, Alan Troicuk, Senior Counsel, Canadian Intellectual Property Office), Summary of the Working Group of the Patent Cooperation Treaty (PCT). The Philippines made the intervention on behalf of the group of like minded countries.

Inputs for chair’s summary proposed by group of like minded countries

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