Biotechnological and genetic patents: legal and ethical approachBiotechnology’s entry to patentable inventions field and ethical questions generated are studied from the analysis between moral and legal order relationship. There are several cases where standards concerning patents came into conflict with public order idea or moral concerns, such as human cloning processes or genetic identity modification of human beings or animals. Among these problems, patenting of human genetic material is pointed out. Different views on the issue are carefully analyzed; this piece of writing a does not pretend to close the debate but to expose the key points involved. / Desde el análisis de la relación entre moral y orden jurídico, se analiza el ingreso de la biotecnología al campo de las invenciones patentables y los cuestionamientos éticos que ha generado. Varios son los casos en los que las normas relativas a las patentes fueron colisionando con la concepción de orden público o la moral, como, por ejemplo, los procedimientos de clonación humana o de modificación de identidad genética de humanos o animales. Entre estos problemas destaca el referente al patentabilidad del material genético humano. Las posiciones sobre el tema son expuesta con detenimiento y el artículo no pretende cerrar el debate, sino exponer sus aspectos más importantes.

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The automated extraction of semantic chemical data from the existing literature is demonstrated. For reasons of copyright, the work is focused on the patent literature, though the methods are expected to apply equally to other areas of the chemical literature. Hearst Patterns are applied to the patent literature in order to discover hyponymic relations describing chemical species. The acquired relations are manually validated to determine the precision of the determined hypernyms (85.0%) and of the asserted hyponymic relations (94.3%). It is demonstrated that the system acquires relations that are not present in the ChEBI ontology, suggesting that it could function as a valuable aid to the ChEBI curators. The relations discovered by this process are formalised using the Web Ontology Language (OWL) to enable re-use. PatentEye - an automated system for the extraction of reactions from chemical patents and their conversion to Chemical Markup Language (CML) - is presented. Chemical patents published by the European Patent Office over a ten-week period are used to demonstrate the capability of PatentEye - 4444 reactions are extracted with a precision of 78% and recall of 64% with regards to determining the identity and amount of reactants employed and an accuracy of 92% with regards to product identification. NMR spectra are extracted from the text using OSCAR3, which is developed to greatly increase recall. The resulting system is presented as a significant advancement towards the large-scale and automated extraction of high-quality reaction information. Extended Polymer Markup Language (EPML), a CML dialect for the description of Markush structures as they are presented in the literature, is developed. Software to exemplify and to enable substructure searching of EPML documents is presented. Further work is recommended to refine the language and code to publication-quality before they are presented to the community.

Data to understand the inventiveness and technology transfer process for medical devices in India is lacking and majority of medical devices are imported. The presence of a medical school in a university system is expected to enhance healthcare inventiveness. Universities with medical schools have 2.5 times more R&D expenditure and productivity than universities without medical schools. Therefore, the presence or absence of medical schools in universities serves as interesting samples for technology transfer analysis. This thesis focuses on medical device inventiveness and technology transfer office efficiencies of American universities. Three sample sets are used. The first is data from 1242 US universities, of which 734 had medical schools, and their Technology Transfer Office (TTO) productivity from years 1999-2008. The second consisted of 5693 medical device patents filed at USPTO by universities worldwide during years 1999-2008, including US universities. The third consisted of 32 cochlear implant university based patents from 7 primary patent classes in USPTO. Universities involved in medical device research (MDU) and universities not involved in medical device research (NMDU) are compared in our study to understand differences in their technology transfer activities. Initially, Social network analysis is used to understand the interrelatedness of technologies in university based research using patent classes. Degree, betweenness and closeness centrality of 32 cochlear implant patents (out of 345 overall filed patents in USPTO including corporate filings), showed the importance of universities’ R&D contribution to the overall evolution of cochlear implant technology. Dynamics in terms of emergence and disappearance of technologies (represented by US patent classes in years 1977 to 2012), are identified. Our study highlights that universities' research focus within medical device research is confined to few technology classes like surgery, drugs and body treating compositions for therapeutic purposes and image analysis. In these technology areas, universities share of patent holding is found to be more compared to other medical device technologies. Multivariate OLS and binary logistic regressions are used to understand university characteristics that influences amount of patenting by universities. Our study attempts to delineate and highlight university characteristics that may influence amount of patenting in general, i.e., across all technologies and specifically those university characteristics that may influence more patenting in medical device technologies. Our study establishes that university characteristic variables like age, public/private ownership and research productivity influences amount of patenting by universities in general, across all technologies. However, additional university characteristics like presence of medical school and expenditure on legal fees are found influencing amount of patenting in medical device technologies by universities. Data Envelopment Analysis (DEA) is used in our attempt to understand the efficiency of universities in transferring their technologies to industries. Interesting insights are obtained on observing slack obtained during DEA. Our study highlights that some universities may have to reduce their research expenditure in large scales and number of employees working in their technology transfer offices in large scales compared to other universities in order to improve their efficiency in technology transfer process. Our study establishes that in order to improve technology transfer efficiencies, MDUs with higher research expenditure may have to reduce their research expenditure in large volumes compared to universities with lesser research expenditures. However, these MDUs may not be required to greatly reduce their technology transfer employees as compared to universities with lesser research expenditures, in order to improve their technology transfer efficiencies. Moreover, MDUs generating more number of invention disclosures and receiving more faculty awards annually can increase their patenting, licensing and startups in smaller volumes, in order to improve their technology transfer efficiencies, as compared to universities generating lesser invention disclosures and receiving lesser faculty awards, which can increase their patenting and licensing in larger volumes.

The rapidly evolving biosciences increasingly rely on the analysis, manipulation and reproduction of the human body. In the health setting, novel biotechnologies offer new methods/avenues for the investigation of wellbeing and the treatment of illness, but they do not just expand the clinician’s toolbox, they increase the very scope of her work. By offering new (and formerly invisible) measures for health, they have created new categories of illhealth (ie: expanding the ways in which humans can be classified as abnormal, unhealthy, or diseased). In doing so, they contain huge marginalising potential. And they are evolving at a pace that the law cannot match. Given this, important questions arise such as: What institutions are acting in this field and what is guiding them? How is health-related research being encouraged and regulated? How does the human subject figure in the bioeconomy? What values are we claiming and vindicating under existing regulatory regimes? What values ought we be emphasising bearing in mind social needs and individual rights? The body of work that forms this submission represents five years of socio-legal research and evolving thought on the topic of how values inform the law and are operationalised through the law and legal institutions. While the publications relied on are diverse, they all pursue small facets of this value inquiry. The first theme addressed – international values and actors – is composed of three papers which explore broad internationally shared values claimed in legal instruments such as the Universal Declaration on the Human Genome and Human Rights and the Universal Declaration on Bioethics and Human Rights, and institutions such as UNESCO and the EPO. A range of values emerge from these. Papers under the second theme – human participation in health research – explore how we access and use the human body in the modern biosociety/bioeconomy, and how we might better encourage subject participation in, and equitable benefit from, the biomedical research setting. Focusing on population biobanking, it assesses who has rights in the body and what those rights are, and how the existing environment interacts with our claimed values. Papers under the third theme – encouraging stem cell research in Argentina – explore governance instruments and their significance for realising claimed or desired values. These papers are informed by original empirical work conducted in Argentina over a 24-month period during which the Argentine government grappled with the realities of the new biosociety and the (perceived) need to facilitate bioscience research and medical treatment using human tissue. While these papers represent only part of the scholarship deriving from this project, they deploy new evidence on the existing environment and the way forward in that jurisdiction. As argued in the Critical Review, these publications form a broadly coherent and farranging body of interdisciplinary work which persistently questions the link between law and values and how we govern modern bioscience. While there are necessarily descriptive elements, the whole is critically analytical and normatively suggestive. In addition to summarising the aims, objectives, methodology, results and conclusions of these works, and indicating how they form a coherent body of work, the Critical Review goes further. Drawing on evolving thinking and recent scholarship, it argues for a regime less reliant on instruments and more reliant on expert institutions informed by, and charged with protecting, socio-moral values informed by the human rights paradigm.

This paper looks at the relationship between software patent hoarding and firm litigation involvement. Software patents are relatively new, as the first software patent was granted in 1995. Since that first patent was granted, firms throughout the industry have engaged in a patent ‘arms race’ of sorts. Using data from Lex Machina IP litigation database and the USPTO, this study examines whether patent stock size impacts the incentives for firms to litigate by assessing the total number of law suits software firms are involved in and their litigation involvement broken down by party role. The results indicate that a larger patent portfolio will marginally increase the number of suits a firm files as a plaintiff. The results are inconclusive on the potential deterrence effect a firm can create by hoarding patents to discourage competitor firms from suing them.

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Innovation leads to economic growth, however, financing innovation comes with major uncertainties and therefore there is a risk of underinvestment in innovation. One type of investor who is prepared to take on this uncertainty is the Venture Capitalist (VC). The question remaining is whether VCs spur further innovation or mainly exploit existing innovation. By counting the patent registrations in 133 Swedish VC financed firms and comparing these to 609 control firms, the difference in innovation level is assessed. The result indicate that VC financed firms, on average, become 23% more innovative after receiving financing from a VC. Thus, it is concluded that VCs spur innovation in the Swedish context.

A propriedade intelectual tem se tornado cada vez mais importante e é uma parte fundamental do desenvolvimento. No entanto, ainda é pouca literatura sobre a avaliação desses ativos intangíveis. Não se sabe ao certo sequer quais variáveis (idade, número de citações, atividade inventiva etc.), estabelecem o valor de uma patente, e essas variáveis podem diferir dependendo do setor. Também pouco se sabe sobre como se relacionam umas com as outras em termos de formação rotas tecnológicas, e quais fatores mais importantes para uma patente ser usada como inspiração para outra invenção. Neste trabalho são usadas análises de redes formadas pelas citações das patentes do segmento de equipamentos para radioterapia para descobrir o que os principais atores produziram nos últimos vinte anos no mercado de equipamentos para radioterapia. Foram levantados também os países de maior interesse de proteção dessas invenções, os principais atores no mercado. Tendências tecnológicas foram analisadas pelas formações de clusteres de reivindicações de tais documentos. Descobriu-se que a formação da rede e dos grupos de patentes têm como principal característica a semelhança das tecnologias envolvidas e, também, de fatores geográficos. Os principais playeres são grandes companhias de países desenvolvidos e praticamente não há proteção de invenções deste segmento em países emergentes ou subdesenvolvidos, com exceção da China. / Intellectual property has become increasingly important and is a key part of the development. However, it is still little literature on the valuation of these intangible assets. No one knows for sure even what variables (age, number of citations, inventive activity etc.), set the value of a patent, and these variables may differ depending on the sector. Also little is known about how they relate to each other in terms of technological routes formation, and which are the most important factors for a patent to be used as inspiration for other invention. This work analyzes the networks formed by the citations of the patents in the radiation therapy devices segment to find out what the main actors produced in the last twenty years in the radiotherapy equipment market. Countries of greatest interest to protect these inventions and the principal players were also pointed. Technological trends were identified by the formation of clusters of documents\' claims. It was found that the formation of the network and groups of patents have as main feature the likeness of the technologies involved, and also geographic factors. The main players are large companies from developed countries and there is virtually no protection for inventions in this segment in emerging or developing countries, excluding China.

We explore the relationship between the stock market value of firms and patent quality using a recently developed composite index measure. The study is conducted on 137 firms during 1991-2015, which provides 914 unique firm year observations. By defining patent quality through patent value indicators, we analyze each indicator’s relationship to the market value of firms. We find that an extra citation per patent increases a firm’s market value by 5 %, and an extra patent family member per patent increases a firm’s market value by 4 %. Patent counts and patent grants show slight negative effects on the market value of firms. Using the composite index measure, we divide our sample into quartiles containing the most important and least important patents. With the use of this methodological framework, we show that the market can identify and separate the more important patents from the less important patents.