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Patent Opposition Database

Patent Opposition Database. Felipe de Carvalho MSF - Access Campaign Brazil. What are Patent Oppositions?. Challenge the validity of a patent – both during the period when a patent application is being reviewed , and after the patent has been granted

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Patent Opposition Database

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  1. Patent Opposition Database Felipe de Carvalho MSF - Access Campaign Brazil

  2. What are Patent Oppositions? • Challengethevalidityof a patent – bothduringtheperiodwhen a patent application is beingreviewed, andafterthepatenthasbeengranted • usefultool to voiceconcerns over questionablemonopolies • NOT ALL countries haveexaminingprocess • NOT ALL countries havepatentoppositionprocedures • NOT ALL the countries allow for bothpreandpostgrantopposition

  3. Why doing patent oppositions? • Competition to bringdownprices is onlypossiblewhenpatentbarriers are overcome opposition can lead to unrestrained competition • A patentmaybeinvalid for variousreasons • Oppositions can advocate for improved patent quality and reduce over-patenting • Those in need of medicines are interested parties to the granting of a patent • oppositions can promote public participation during the patent examination process or allow public interest groups to challenge wrongly granted patents • The use of some of the TRIPS flexibilities rely on political will oppositions are an independent way to protect public health interests

  4. Patent oppositions – Achievements

  5. Patent oppositions – Achievements Opp. by Farmanguinhos Declaration of public interest Opp. By GTPI Opp. In India by ABIA + Sahara Local Production Patent rejected Divisional filed Opp. To divisional by GTPI Div. rejected

  6. Patent oppositions – Barriers • Opacity of the IP system • One medicine, many patents • Lack of transparent database • Nomenclature • Lack of technical expertise • information and capacity deficit in developing countries • Lack of support

  7. Patent opposition Database • Added value • Useful guidance / open to contributions /preservation of memory • Goals • Improve document and expertise sharing / build a network (‘pool’ of contributors) / encourage new oppositions • Tribute to past efforts + contribution to sustainability

  8. Patent oppositions – followed by…

  9. Patent opposition Database

  10. Patent oppositions – How to • Check if and how oppositions are allowed in a country’s patent legislation • Identify which patents cover the product: which one(s) will actually block generic production? • Legislation review: grounds and procedures for opposition • Patent application review: Building arguments • Filling the opposition

  11. Patent Opposition Database- Search Click

  12. Patent Opposition Database- Contribute

  13. Patent Opposition Database- Drug pages (lop/r)

  14. Patent Opposition Database- Contribute

  15. Patent Opposition Database- Contribute

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