Happy Days are near, but yet so far away, for Generic Viagra

The discussion on when pharma patents expire is often long and tortuous.
The the ED world of Viagra and Cialis we discuss the 2017 patent cliff here.
True, Cialis patent(s) expire in 2017, so it is reasonable to expect the influx of generics soon... Here's a list of patents related to Cialis. Note that there are a lot of patents listed that go all the way to 2020.

Here is a great discussion about the expiration of Phara patents related to Viagra. One of the main patents in viagra falls into the 1995 rule where the expiration date is computed based on the longer of the old method (17 years from issue) and the new method (20 years from first filing date). The 20 years method would be long gone. It probably took Pfizer some very fancy footwork to delay issue of the Viagra patent for almost 10 years from first filing, so the 17 years method computes longest and works best for Viagra. Plus, they got a term extension, so the patent doesn't expire until April of 2020.

But generic Viagra. A settlement with the giant of generics, Teva, allows Teva to sell a generic version of Viagra starting in December of 2017. But Teva must pay royalties to Pfizer. Pfizer recently raised prices, presumably to game this whole competition thing ensuing in 2017.

Levitra faces expiration of patents in 2018.

Great discussion on all these ED drugs is here at AccessRX.

Of course you could use another drug that is "a rose by another name": Revatio. Consumer Reports on Revatiois not in the business of making medical advised, but they suggest the the Revatio blood pressure drug might possibly work in the same way as Viagra since is contains the same active ingredient (sildenafil). 

There is also a move to try to make the ED drugs an over-the-counter thing. Hmmm.

A Good News Story from an Unexpected Source

Here at IAM-Media is an example of using patents to secure products in a global market.
Its full strategic management of its 200 patents included creating barriers to entry  and to transform the antenna industry.  This approach does not take place overnight, more than a decade.  The company began initially with patent protected product sales which was quite successful.  Well into the market adoption,  Fractus concluded that licensing for royalties was the best option for the future.  It resulted in over $100m in royalties.

Fractus also dealt with infringements by major companies and had to be helped by the Spanish courts.  Overall, a good news story about the patent commercialization success of a small company.

ARM Holdings is giving up their "holding" to Sprint/SoftBank

ARM Holdings, the maker of chips and chip making technology has week a favorite here at IPZine. They are basically an IP company holding lots of patents on lots of stuff. They specialize in energy-efficient, reduced instruction set (RISC) chip technology; build it and then license it out to chip makers.
They have really taken off into the work of the Internet of Things.
Today SoftBank (parent of Sprint) has offered to by ARMH in an all cash bid. The stock is up 50% today. Even at this elevated price, the price-to-earnings ratio is 70!. Compare that to Intel (INTC) with a paltry PE of 15. Profit margin of 35% vs 20% for INTC.
ARM has remained independent and resisted the various take-over pressures. Until now. This changes somewhat the ARM dynamic of licensing tech to multiple players and making lots of money from licensing revenues (nearly pure profit). ARM has focused on tools and R&D and left the heavy work of manufacturing, distribution, etc. to their clients.
This is probably a good time to start getting out of the stock; SoftBand (Sprint) is not nearly the same type of investment. Sprint is more of a utility play, not R&D.
The drop in British Pound has made ARMH a far better deal to acquire. (ARMH is UK based.)
On a separate note, SoftBank's interests in buying up chip makers might become more complicated with ARM Holdings, in the company's holdings.
In the end, the independence of ARM Holdings didn't hold.

Here Are the Biggest Crowdfunding Campaigns of 2015 - Bloomberg Business

Here Are the Biggest Crowdfunding Campaigns of 2015 - Bloomberg Business:

Crowdfunding really hit its stride this year with people just crowding in to jump on the bandwagon of new and innovative ideas. Of course great fundraising ideas are for books and movies, especially those that sequels or follow-ons with an established groupie base. Veronica Mars, the high-school sleuth, is and example from last year on Kickstarter. (See our blog here,)

This years list from Bloomberg Business is very enlightening. Of course there are follow-ons to games and movies. That's a very straightforward use of crowd funding. There are philanthropic approaches, like remodeling historic buildings. And, of course, new inventions.

One that caught a lot of buzz is Flow Hive, that raised ~$12m for a process to put a tap into a bee hive and simply pour honey when you want some (money). This process avoids the pain and suffering of opening the hive in order to get at the honey.

Other things that draw funding include eclectic games and exploding kittens.

No matter how you look at it, however, the Internet (and crowdfunding) is one of the great equalizers of our lifetime. Anyone, anywhere, can raise money for a good idea; simply spread the word in the right settings.

Now, if the idea has intellectual property protection as well (patents, copyright, trademark), then the scaleability of funding and adoption could be off-the-charts.

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No PTA For Divisional Application... Term Adjustments.. 20 years +/-

No PTA For Divisional Application | PharmaPatents:

When does a 20 year patent turn out to be more than a 20 year patent... Patent Term Adjustments.

Okay, so under certain situations, an extension can be requested to the 20 years that the US has for patent applications after 1995. The idea is that for such applications as pharma the long lead time in all approvals through the PTO and the FDA and more... can significantly reduce the useful life of the patent. So Patent Term Adjustments, PTA, (not to be confused with when your parents got together with teachers and the principal), are sometimes allowed. This is the reason that your friendly Patent Attorney will usually say "a patent is the arrangement with the government to offer a monopoly on your invention for about 20 years when you disclose the invention in the formal patent process".

Okay, so PTAs are sometimes allowed, but the extensions can be very qwerty. In this case, you would think that the term adjustments to the main, parent, application would be afforded to the patent applications associated with dividing that original application. Not so, it would seem.

Very interesting, and a very well written article on the whole issue (POSTED BY COURTENAY C. BRINCKERHOFF)

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Intel science winners... cool inventions... and patents

Meet the teen who just won $75,000 for inventing a system to keep germs from spreading on airplanes http://wapo.st/1d3L2Eo
Wang, the young winner, created a way to give everyone on an airplane their own space, with kind of  air walls around them.
His simulation shows a 55 times reduction in the air transmittable diseases. The retrofit for an existing airplane? It takes one evening and cost a whopping $1000! With the reduction in sick time, the airlines will make it back from employees in one single trip.
And what does Wang want to do when he grows up? He wants to go to college and study engineering and business!

Control of IP on Business Side of Corporation

There's a key point in this IAM magazine article by Joff Wild in the July 9, 2014, issue.  Note that the Chief IP Officer is not an attorney- he a business professional.  This is a significant change, a recognition that commercialization of Intellectual Property in a marketed product, a Patent Licensing Agreement with Royalties, a technology transfer or an outright patent sale is a business decision, not a legal one.  In some companies going back nearly 50 years, (AT&T, IBM, DuPont, Xerox to name a few) the decisions on IP were made by the business side.  But, for most, it has only been since the late 1980s that brought the marked change from predominantly physical assets in a corporation to intellectual assets that has prompted more and more corporations to view IP as a key revenue generator that has a place in the strategic plan.  The business development organization would be an appropriate place for decisions on IP revenue generation.

Intellectual Property is going to POT (Marijuana, that is) - Bloomberg

Marijuana, Motorola, Moroccanoil: Intellectual Property - Bloomberg:

You have to laugh about the ideas being plant patents on Marijuana. But this is serious business.

First, if you come up with a new strain of a plant, you can apply for a "Plant Patent". If the patent is issued, you can use DNA testing to determine if/when someone else is infringing on your patent. Monsanto is the king (or Redwood) of plant patents.

HOWEVER, it is not possible to patent something that is illegal. The USPTO will say "offensive to public morality" (USPTO.)

So now, you as a happy pot grower have the dilemma. You would like to get ahead of the competition. You would like to get your strain of Mary Jane out there, protected by patent, but you can't because it is an illegal product. Of course, you could move to a state where it is legal. Then presumably you would be able to legally grow it, legally sell it, and legally patent it. You would, of course, want to trademark the name, and copyright the slogan and the official description.

No wait, come out of the smoke-filled fog and clear your slow and soggy head!... Marijuana is still illegal Federally, as in the good olde US of A. That's were the USPTO lives and all patents are federal. Hmmm...

All in all, the intellectual property could be quite valuable. And Monsanto and Altria will probably leave you alone for years; the market's too small and the legal risks are too big.

Now you are wondering, prior to the allowance of IP into the pot market, how did you protect your strain. Once the buds left the dealer's hands there was no way to corner the market. Any common criminal who didn't want to smoke it today, could sow the seeds of happiness, indefinitely into the uncertain future.

I can't wait to see the patent applications over the next few years as marijuana continues it rapid path down the rabbit hole of decriminalization. An Alice in Wonderland adventure awaits.
KEY: Patents, plant patents, USPTO, Illegal, Crime, Monsanto
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Phosphate World and Patent World. Sir John Bennet Lawes, Father of Fertilizer!

Check out the post at our sister blog SustainZine.com: Phosphate World.

This blog talks about the phosphate industry in Florida and the nice resort being built out of the rubble of past Phosphate mines over in the Tampa Bay area. That actually is pretty cool, but the point that phosphate fertilizer from mines is non-sustainable, and consequently is a broken business model. Peak Phosphate in the world could arrive by 2030.

Innovation in preserving and recycling phosphate is critical. More sustainable uses of fertilizer is essential and a responsible way forward.

But this blog looks at one of the key patents and technological breakthroughs that built the phosphate industry -- and consequently, modern farming as we know it.

Sir John Bennet Lawes is credited as the father of artificial fertilizer. He developed what is referred to as the superphospate fertilizer.... (Many politicians can make such a super fertilizer, only without the patented processes.)

The inherited owner of the Rothamsted Manor in England, John Bennet Lawes, is credited with inventing the process for extracting useful phosphate from phosphate rock using sulfuric acid. In 1842 he obtained a patent on the process. (This must be only a UK patent since it seems hard to find in the USPTO.)

Britannica had this to say about Sir John.
"Lawes inherited his father’s estate, Rothamsted, in 1822. In 1842, after long experimentation with the effects of manures on potted plants and field crops on his estate, he patented a process for treating phosphate rock with sulfuric acid to produce superphosphate. That year he opened the first fertilizer factory, thus initiating the artificial fertilizer industry. The following year, the chemist J.H. (later Sir Henry) Gilbert joined him, and they began a collaboration lasting more than a half century; Lawes considered 1843 the year of the station’s foundation. Together, the pair studied the effects of different fertilizers on crops. They also researched animal nutrition, including the value of different fodders and the sources of animal fat."

There are several patents/applications within the last few years related to phosphate (fertilizer). Check out this one, first filed in China, related to extracting phosphate from low-grade rock using a microbial strain.

And, of course, virtually all GMO seeds/plants are patented -- Monsanto, Dupont, a university, etc. 

Here's a longer look at Sir John's life history from Oxford's DB.  The Rothamsted Research center is still active today, including GMO research.  

References Cited Per Patent are up 250% in 10 years | Patently-O

References Cited Per Patent | Patently-O:

This is interesting how the number of issued patents cited have gone up from about 20 total patents references to about 50.  Over the last 10 years! WOW.

The additional references from the examiner appears to be consistent at about 5 to 7; but as the comments indicate, some of those may already have already been mentioned in some form by the applicant.

That is a 250% increase in the number of patents being mention in a patent application.

Reasons are definitely up for debate!

WOW!

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Patent Trolls Threaten Green Innovation · Environmental Management & Energy News · Environmental Leader

Patent Trolls Threaten Green Innovation · Environmental Management & Energy News · Environmental Leader:

There is a lot of discussion about "patent trolls" and the impact they have on various industries.

Here is the argument about the impact they have on the innovation in "green" technology. This is really the case for all new technology and all new industries, but the argument is about the major impact the trolls have on smaller organizations in the fledgling green technologies.

Much if not most of sustainability, however, is the practice of ancient technologies like organics (manure) and energy efficiency.

Hmmm...???

Keywords: patents, Patent Troll, green business, sustainability,
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Anti-patent engineers a problem, says senior Google IP counsel - Blog - IAM Magazine

Anti-patent engineers a problem, says senior Google IP counsel - Blog - IAM Magazine:

Wow this is an interesting point related to the effect that Patent Trolls have on the invention and innovation process. Google spends an ever increasing amount of time and money in prevention and avoidance within the new product/invention pipeline.

Yuk!

This is like the doctor avoiding malpractice issues by exercising defensive medicine, but on steroids.  (Sorry about the pun!)

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Apple, Samsung, Google and the smartphone patent wars - everything you need to know | Technology | theguardian.com

Apple, Samsung, Google and the smartphone patent wars - everything you need to know | Technology | theguardian.com:

This is an interesting overview of the many concepts associated with patents and patent strategies.

Very nice overview.

Of course you will also want to get the Patent Primer 2.0 at one of these fine book store locations near you:

• Print version of the Patent Primer 2.0 here: http://www.lulu.com/spotlight/SBPlan
• Kindle eBook here: www.TinyURL.com/IPPrimer2e 

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The Rise of the Intangible Economy: U.S. GDP Counts R&D, Artistic Creation - Businessweek

The Rise of the Intangible Economy: U.S. GDP Counts R&D, Artistic Creation - Businessweek:

WOW. GDP is going to be re-calibrated to include Intangible assets. They hadn't been included because, well, they were kinda hard to measure. ? Huh ?

So expenses on a bridge or a factory becomes part of GDP and part of the "capital" of a working economy, but investment in R&D is simply an expense, with no intrinsic value for the future of the economy and economic development.

It is about time that Intangible assets finally get some respect.! Intellectual Property has been the Rodney Dangerfield of assets. Yet they are far more important than anyone in business schools will admit. And more critical than most companies realize (except media like Disney and Big Pharma).

It looks like the book Perpetual Innovation: A(tm): Guide to Strategic Planning, Patent Commercialization, and Enduring Competitive Advantage, Version 2.0. is simply ahead of its time.

Reference

Hall, E. B. & Hinkelman, R. M. (2013). Perpetual Innovation™: A guide to strategic planning, patent commercialization and enduring competitive advantage, Version 2.0. Morrisville, NC: LuLu Press. (Available at the LuLu Press Store for SBP at: http://www.lulu.com/spotlight/SBPlan.)

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Oxycontin Expires today, April 16 2013. The “Patent Cliff” is not here on this one.

» The “Patent Cliff” and its Effects upon Workers’ Compensation Claims:

The Oxycontin patent expires today. 

So you would expect to be able to buy many people's favorite drug on the side of the road or on hill-tops, just above cliff level.

As with many things that are FDA approved and regulated, this is going to be a very slow ride down from the cliff, definitely not a one-time drop off.

First, this drug is highly abused and strongly regulated by the FDA. The FDA will have to approve any other generic drug... And the new (non-new) generic version will be regulated along with Oxycontin.

The manufacturer, Purdue, is trying to get a 6 month extension on the patent, in part because of tamper-proof nature of the way they think the drug should be sold in the future.

In short, the downward slope of the Oxycontin slope is not a cliff. It is not a Black Diamond. It is probably going to be more of a bunny slope... With not much competition and higher prices for several years.

Of course, if you are buying it on the black market, you wouldn't want a knock off, right?

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39 Most Tantalizing Business Cards

39 Most Tantalizing Business Cards:

Some really cool (and a couple rather obnoxious/risque) business card concepts.

Thinking of being innovative???

How about this.

1. Come up with a cool design patent.
2. Then come up with a way to represent that design on a business card.
3. Then come up with a design patent on the business card.

Hmmm...???

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IBM and China. #1 in the world of Patents

IBM is again the patent king with the most patents issued. Now just under 6,500 issued in a single year. That's issued, not applications.


IBM

•Celebrated 101 years since its first patent

•In 2012 was its 20th year as most US patents

•In 2012 received 6,478 patents! (not applications!)

•Spent $6B on R&D  … roughly $1m per patent.

•IBM makes $1B+ per year on IP sales/licensing!
=> That is almost pure profit$!

This is a fun article about the big patent companies and IBM's Watson system beating out the best and the brightest on the show Jeopardy. 

In the meanwhile, China has moved up to the busiest patent office in the world! It was only a couple years ago that they were 5th and not long prior to that they they were not a signatory on IP treaties!..

IP Creates Jobs for America | BIOtechNow

IP Creates Jobs for America | BIOtechNow: "In May, the Global Intellectual Property Center (GIPC) was proud to unveil the results of our state intellectual property (IP) jobs research, which has been a year in the making. The study, IP Creates Jobs for America, provides real, tangible evidence that the economic benefits of IP are broad and far-reaching."

Go here for the original GIPC report and the interactive US Map.

Key points related to IP Job creation and value generation:

• Jobs created: 914k
• Output: $75B
• Exports: 75.3%
• Avg Wage: $44k

Interesting is the number of IP jobs created in some state. Of course, CA, FL, NY, MA and TX. But the Great Lakes area has a LOT of innovation as well.

This is some really great information for those who are IP proponents! (And those who question the value of IP to have more to think about.)

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Apple Offers ETSI Royalty-Free Licenses For Nano-SIM Patents - WSJ.com

Apple Offers ETSI Royalty-Free Licenses For Nano-SIM Patents - WSJ.com:

So, it would appear, as part of the patent wars in the wireless and MP3 market, Apple is going to try to move to a standard that lowers the litigation prospects.

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Intellectual Property @ IBM

Intellectual Property @ IBM:

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This IBM Blog article talks about US Innovation: alive and well.

IBM blasts it outta the park again in 2011 with the most patents issued by the USPTO. These are organized by the owner of the patents, the "assignee". See the top 50 list at IFIClaims.

IBM had 6,180 patents issued in the US, far more than the next inventor company.

The electronics companies from Japan and Korea were strong in the top 15.

Here are the top US companies. Note that Microsoft is in 6th place with 2,311 patents issued. Quite a change for a company that once relied mostly on copyright for it IP protection. GE at #11 with 1,448 patents. HP dropped to 14 as the company struggles.

The big automakers were generally in the middle of the pack with GM #18 with 1,095 patents. Apple at 39 with 676 patents (but then, not all patents are created equal). DuPont was #50 with 523 patents.

Rank	Grants	Company Name	Country
1	6180	International Business Machines Corp	United States
6	2311	Microsoft Corp	United States
11	1448	General Electric Co	United States
14	1308	Hewlett-Packard Development Co L P	United States
16	1244	Intel Corp	United States
17	1164	Broadcom Corp	United States
18	1095	GM Global Technology Operations LLC	United States
22	980	Cisco Technology Inc	United States
24	947	Micron Technology Inc	United States
26	923	Qualcomm Inc	United States
28	880	Xerox Corp	United States
32	794	Texas Instruments Inc	United States
33	780	Honeywell International Inc	United States
35	721	AT&T Intellectual Property I L P	United States
37	695	Boeing Co The	United States
39	676	Apple Inc	United States
50	523	Du Pont de Nemours, E I & Co	United States