Search the Intellectual Property Network of the IBM database to find whether a product or idea is patented.

A patent gives the patent holder or licensee(s) the right to stop others from using the work. However, the patent does not give the inventor the right to use the invention. Other considerations such as implication of use to humans, animals, environment as well as ethical and moral and other issues should be resolved before a patented work can be put to use. The following criteria are being used by the patent offices to grant a patent to a patent application:

Novelty: An invention is novel if it has not previously been described and that there is not prior record that it has been publicly disclosed in any form. However, the inventors have a grace period of one year after publication of their data in a journal during which they can submit their patent application to the U.S Patent and Trademark office.

Nonobviousness: A patentable work can not be an obvious next step extension of another work as judged by someone who is an expert in the field.

Sufficiency: The work that is to be patented should be described in detail so that it can be reproduced by someone else who works in the field.

Industrial applicability or utility: The inventors should demonstrate the applicability and utility of the patentable work. Clinical trials, animal and in vitro studies can be used to show utility.

Under the Patent Cooperation Treaty (PCT) of 1978 administered by the International Bureau of the World Inettelectual Property Organization (WIPO, Geneva, Switzerland), inventors can submit a world-wide application. The PCT applications have several advantages. The inventors only submit only a single application for all 79 countries that are designated in the treaty. The single application in a long run will save money since the single filing fee will search for prior description of the work and for examination whether the work is patentable. Although the application may apply to all 79 countries, the applicant is required to pay only for the application fee for 10 countries. The PCT application also establishes an unequivocal date which applies to all the subsequent national applications. The applicant can submit the national application up to 18 months later. The PCT application gives the right to the inventor to amend or to correct their national application which may be required for strengthening their position and claims in the designated country.

REFERENCES:

Patent resources on the Internet

US Patent and Trademark Office Home Page

European Patent Office

EPO (European Patent Office Nucleotide Database; Norway)

PATSCAN Patent Searching

US Patent/Full Text

US Patent Act, As Amended

Virtual Licensing Office

Patents; frequently asked questions

Patenting of human genetic material

Patents (STO's Internet Patent Search System)

U.S. Patent Database

AIDS Patents Databases

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U.S. Patent Classification

Class 424 (Drugs, Bio-Affecting and Body Treating Compositions)

Class 435 (Chemistry: Molecular Biology and Microbiology)

Class 930 (Peptide or Protein Sequence)