Patent Laws for Canadian Intellectual Property -myassignmenthelp

Question: Discuss about thePatent Laws for Canadian Intellectual Property Office. Answer: Patent A patent is the right given to the inventor of an invention on exclusivity of his property. In many countries it is done through the patent and trademark offices. It prevents other people from selling, making or using the invention with a given jurisprudence (Mueller, n.d.). Patent applied or patent pending is an invention that has already been filed. In Canada, the office is called Canadian Intellectual Property Office(CIPO). The rights given to Telecan for patent are as follows; The right to make their own inventions. It is important to not that patenting does not give the owners in this case Telecan to make their own invention but rather the right to exclude others from importing using or making the invention. It gives Telecan the right to utilize their invention from the use of heterocyclic compounds. However, the right to make their own invention is also determined by the rights of others who may have different patents on the product but touching the same chemical substance. If another party owns the patent, it may prevent the patentee from utilizing his own invention. In this case, Telecan must re-apply for the patent in some of the countries because they can use it in the countries apart from Canada (Amani, 2016). In which countries would applications for a patent have to be filed by Telecan? After realizing that the chemical compound was leading somewhere and was reactive to the cellular pigment, Jane was told to search which country the chemical substance had been patented. She found that previously a patent had been issued on a chemical substance known as Nitroponol, that had the same chemical composition as TC-025. It had only been issued in three European countries and that is Germany, United kingdom and France in 1993. It had however expired in France and Germany in 2006 and was subject to re application in the two countries. The only country the patent had not expired is United Kingdom (Eiland, 2009). How should the invention from this finding be described in a patent? The invention is not based on the discovery of compound TC-025. The compound had already been discovered in 1993 and patented in the above mentioned countries. The invention is in the use of the chemical substance TC-025 in treatment of melonama of the skin cancer. Telecan had been trying to see the reaction of the chemical compound on specific cells that had cancer and finally the compound had reacted to one of the experiments (Halbert, 2005). Jane had heard that a specific type of medical treatment was not patentable in Canada. She wondered if that would have an impact on getting a patent if it was described as TC-025 to treat melanoma or a specific type of cancer? Jane is right. However, they can patent the specific type of compound in TC-025 in treating a specific type of cancer. If Canada cannot patent the specific medical treatment, then the company can patent the compound to treat a specific type of cancer or melonama. However, the company has to show that the invention that is being patented has utility, is novel and is inventive so as to be allowed to patent the compound TC-025. Novelty means that for Telecan to be granted the patent, it must be the original inventor of the specific compound treating the specific type of cancer. This is true since no other company has discovered this. The invention has also not been made public before the application (Pattinson, 2009). Secondly, utility means that a valid patent cannot be given for something that does not work. This chemical is working on the specific cancerous cell and therefore patentable. Lastly, is the ingenuity which is the improvement of something which has already existed. Would the previous patent on Nitroponol prevent Telecan from getting a patent? Yes. This is because the compound had already been discovered but registered or patented under a different name which is Nitroponol. The chemical substance remains the same. However, due to the expiry of the patent in some countries that is German and France, Telecan can apply for the patent there. In the UK, the patent has not expired and owners of Nitropol may prevent Telecan from patenting the compound (Pattinson, 2009). Since Telecan had only tested TC-025 in a petri dish, could it be said that the invention had a useful function? YES.It had a useful function because its the testing of TC-025 in the petri dish that gave the specific results. It therefore had a useful function in the research process because it was tested severally by Jane to see if she had done the procedures wrongly or if the mixture wasnt perfect. Did Janes previous work in her M.Sc. somehow make her subsequent finding obvious and thus lacking in ingenuity? although during her previous work in her M.Sc the use of nitrogen containing heterocyclic compound produced obvious results on uveal melanoma, the research was not lacking ingenuity (Mueller, n.d.). References Amani, B. (2016).State agency and the patenting of life in international law. London: Routledge. Eiland, M. (2009).Patenting traditional medicine. Munich: Nomos Verlag. Halbert, D. (2005).Resisting intellectual property law. New York: Routledge. Mueller, J.Patent law. Pattinson, S. (2009).Medical law and ethics. London: Sweet Maxwell.