The Egyptian Patent Office Approach to the Examination of - PowerPoint PPT Presentation

Jun 27, 2023 •167 likes •352 views

The Egyptian Patent Office Approach to the Examination of Pharmaceutical Patents Dr. Mona Mohamad Yahia Acting President, Egyptian Patent Office Objectives Highlight the importance of TRIPS Flexibilities regarding patent examination

The Egyptian Patent Office Approach to the Examination of Pharmaceutical Patents Dr. Mona Mohamad Yahia Acting President, Egyptian Patent Office
Objectives • Highlight the importance of TRIPS Flexibilities regarding patent examination • Describe the examination of pharmaceutical patents in Egypt: Law and Practice • Discuss how adopting the appropriate examination standards could support a well- functioning patent system in the pharmaceutical field
TRIPS Flexibilities and Patent Examination Patentability Option to Exclude Disclosure Levels Criteria Subject Matter • Universal Criteria • To protect public • Enablement order • Methods for • National Standards • Best Mode treatment • Plants and animals
Balance Patent Holder Society Private Rights Public Rights
Examination of Pharmaceutical Patent Applications in Egypt Law and Practice
Disclosure level • Enablement Clear and complete to enable a person skilled in the art to carry out the invention • Best Mode The best mode known by the inventor to carry out the invention Art. 13 of the EG IP Law 82/2002
Non-Patentable Subject Matter Art. 2 of the EG IP Law 82/2002 - Contrary to public order or morality - Prejudicial to the environment, or life and health of human, animal or plant - Discoveries, scientific theories, mathematical methods, programs and schemes - Diagnostic, therapeutic and surgical methods for humans and animals - Plants and animals - Essentially biological processes - Organs, tissues, living cells, natural biological substances, nucleic acid and genome
Novelty • Absolute • Implicit / explicit disclosure Art. 1&3 of the EG IP Law 82/2002
Inventive Step • Significant degree of progress • Prior art includes common knowledge • Person skilled in the art Art. 1 of the EG IP Law 82/2002
EGPO Pharmaceutical Patent Examination Section Continuous Training Background and Databases (Search Skills, Subst. Education (Advanced / Field Examination, Public (Pharmacy and Law) Specific) Perspective) Self-learning and Quality Team Guidelines Group work
The Choice of the Appropriate Patentability Standards What to Consider?
Pharmaceutical Patent Quality Pharmaceutical Patents • Should - Foster innovation and R&D - Achieve patent system intended socioeconomic goals • Should NOT - Impede medicine availability and affordability - Stifle competition - Deter local generic manufacturing
Lax Examination Does Not Lead to High Quality Patents Evergreening High numbers of Low Patentability low quality Standards patents Patent Proliferation
Sofosbuvir
Efficient Utilization of TRIPS Patent Flexibilities Post- grant Granted Pre-grant flexibilities Pharmaceutical flexibilities Patent (more complex, costly and lengthy)
Questions
Thank You Thank You

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