Orka na ugorze, czyli o mankamentach ochrony regulacyjnej innowacji rolno-spożywczych

Współautorstwo: Zimny, Tomasz

Sensum, non verba spectamus : księga jubileuszowa Profesor Urszuli Promińskiej / redakcja naukowa Wojciech J. Katner, Mateusz Balcerzak, Julia Chlebny, Jakub Janeta. Łódź : Warszawa : Wydawnictwo Uniwersytetu Łódzkiego ; Wolters Kluwer, 2024, s. 704-723.

The Significance of Provisional Patent Applications in Protecting Early-Stage Inventions : A Legal and Empirical Analysis

IIC - International Review of Intellectual Property and Competition Law 2024, t. 55, s. 1381-1413.

Współautorstwo: Martinez, Catalina; Belowska, Joanna

This article critically examines the role of Provisional Patent Applications (PPAs) as strategic tools within the intellectual property framework, particularly highlighting their significance in safeguarding early-stage inventions. By allowing inventors to secure a priority date while still developing their inventions, PPAs provide a time frame when additional funding can be sought and further development can be pursued without losing the claim to the original invention date. This is especially important in industries like information and communication technology and the life sciences, where development timelines are lengthy and investment-intensive. PPAs serve not only as a cost-effective initial step in patent filing but also as a protective mechanism against premature disclosure, safeguarding the novelty of the invention. PPAs do not undergo formal examination and do not result in a granted patent unless followed by a standard patent application. However, they establish a legal placeholder that can be crucial for securing further patent rights. This study explores the legal framework of PPAs across various jurisdictions. The analysis also delves into the specific benefits and strategic considerations associated with drafting and filing PPAs, including their role in facilitating additional research and refinement of the invention. In addition, it presents novel empirical evidence on the growth of PPAs in the United States and their use as priorities in regular USPTO and EPO patent applications. Despite their advantages, PPAs come with limitations, such as the limited time available to convert them into standard patent applications (typically one year) to benefit from their priority date and the precise requirements for subsequent standard patent applications, which this article addresses. Through a detailed exploration of both the theoretical framework and practical applications of PPAs, the article contributes to a deeper understanding of their role in broader patent strategies, advocating for their careful and informed use in the innovation process.

The European Medicines Agency's path to greater access to pharmaceutical regulatory data : Balancing intellectual property rights and the right to privacy

Współautorstwo: Matthews, Duncan; Lenarczyk, Gabriela

Kritika: Essays on Intellectual Property. T. 6 / edited by Hanns Ullrich, Peter Drahos, and Gustavo Ghidini. - Cheltenham : Edward Elgar Publishing, 2024. :, s. 164–192 .

This chapter relates to the question of whether the European Medicines Agency’s (EMA) policy on access to its documents, including, crucially, clinical study reports, infringes the fundamental rights of companies submitting data for market authorization, in particular companies’ right to protection of personal data under the Charter of Fundamental Rights of the EU and their right to protection of commercial confidential information. The question arises because, despite advances in data transparency, withholding information on the grounds of commercial confidentiality constitutes a major barrier to the access to clinical trial data the importance of which cannot be overstated. There are, indeed, numerous rationales for access to data contained in dossiers submitted to regulatory agencies by clinical trial sponsors and marketing authorization applicants. The conflict between the individual right to privacy as, arguably, including the protection of commercial confidential information and the public interest in transparency of clinical trial data has resulted in litigation before the General Court of the EU and in changes of the EMA’ policy on access. Yet, in our analysis, more open and better-balanced rules on access still need to be developed.