Integrating Public Health Concerns into Patent Legislation in Developing Countries
(2000; 140 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentTHE SOUTH CENTRE
View the documentFOREWORD
View the documentACKNOWLEDGEMENTS
View the documentGLOSSARY*
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. PATENTABLE SUBJECT MATTER
Open this folder and view contentsIII. SCOPE OF CLAIMS
Open this folder and view contentsIV. PATENTABILITY REQUIREMENTS
Close this folderV. SPECIAL CASES IN PHARMACEUTICALS
View the documentV.1 Selection Patents
View the documentV.2 Prior Public Availability
View the documentV.3 Polymorphism
View the documentV.4 Analogy processes
View the documentV.5 Compositions
View the documentV.6 Optical Isomers
View the documentV.7 Active Metabolites
View the documentV.8 Prodrugs
Open this folder and view contentsVI. DISCLOSURE
Open this folder and view contentsVII. EXCEPTIONS TO EXCLUSIVE RIGHTS
Open this folder and view contentsVIII. EXAMINATION AND OBSERVATION PROCEDURES
Open this folder and view contentsIX. CLAIMS INTERPRETATION
Open this folder and view contentsX. COMPULSORY LICENSING
View the documentXI. FINAL REMARKS
View the documentREFERENCES
View the documentBACK COVER
 

V. SPECIAL CASES IN PHARMACEUTICALS

Several issues relating to the application of patentability requirements may be specific to health-related inventions. WTO Member countries retain a considerable degree of flexibility in addressing most of them. These issues may be appropriately treated in implementing regulations and/or guidelines for the patent office, rather than in the law itself.

Developing countries, particularly those implementing for the first time the patenting of product pharmaceutical inventions, should carefully craft policy in these areas to ensure that patents are granted to real contributions to the prior art and to avoid granting to trivial inventions patents that impede competition. Poor drafting or administration of patent laws may also permit abusive practices that illegitimately extend patent protection beyond the 20-year term.

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