WIPO s Patent services for external users Lutz Mailänder

WIPO’s Patent services for external users Lutz Mailänder Head, Patent Information Section Global IP Infrastructure Sector Geneva 18 June 2013

Overview Search reports for developing countries (WPIS) Search and examination reports for patent offices in developing countries (complementing the PCT; ICE) Capacity building for examiners in using examination results for members of the patent family Patent landscapes Platform for national patent registers Background information Links „I have a PCT application – how can I find out what the status is in country X ? “ Open Innovation platforms: WIPO Green, WIPO Re: Search

WIPO's patent landscape project Dedicated website Links to published reports Links to groups/institutions active in the field General background/information

Sample of individual report website Three standard components: Report body (. PDF) Database (. xls) Interactive visualization (Intellixir)

Phase 1 work and collaborations UNITAID/Medicines Patent Pool (MPP): Ritonavir (Landon IP) Atazanavir (Thomson) WHO: Vaccine manufacturing (FIST) DNDI: Patents related to 5 neglected diseases FAO: Adaptation technologies for improving plant salinity tolerance (PIIPA) IRENA, GIWEH: Desalination technologies, and use of renewable energies for desalination (Cambridge. IP) Water purification (Cambridge. IP) (no partner): Solar cooling (IP Search); Solar cooking (Scope)

Collaborations Collaboration partners contribute expertise in technical field WIPO contributes expertise in coordination PLRs and funding Each collaboration serves as vehicle for partners to familiarize themselves with patent information, analytics, patent system Collaboration in drafting TOR, delivery phase, evaluation of PLR

WIPO Patent Landscape project Evaluation after Phase II (2012 -13) Budget for 6 further PLRs Capacity building Manual for best practices Regional Workshop for exchange of best practices Refining standardized tools/procedures of Phase I and developing into future standard service

Ritonavir patent landscape report Objectives of report: Identify all patents claiming an invention related to the active ingredient (synthesis, combinations, applications, . . ) Analysis of patenting activity Identify sample innovation tracks, subsequent generations of patents claiming subsequent improvements, new inventions (“evergreening”) Detailed description of search methodology for pharmaceuticals; suitable as training example

Ritonavir patent landscape report 823 patent families claiming Ritonavir related inventions according to claim language Many more potentially relevant IP rights in comparison to Orange book of US FDA To be taken into account in case of technology transfer, local production, procurement through generics: licensing key patent is not enough Average 13. 4 patents per INPADOC family Largest patenting activity in combination therapies (400 families) 4 sample innovation tracks (liquid and solid dosage forms, synthesis, structural aspects and polymorphs) 1 additional innovation track Backward citation analysis only revealed patents claiming analogs Interactive Visualization

Database of Ritonavir related patents Publication number linked to Espacenet; sortable Technology categories; sortable

Innovation tracks Sometimes key inventions take place, e. g. pharmaceutical substances Trigger series of further developments e. g. combinations/formulations, synthesis, . . Starting point of subsequent generations of related patents protecting the further innovation Such later patents perpetuate protection beyond the 20 years after the filing of the initial patent I. e. certain technologies using the initial invention may still be protected though protection of first invention may have expired

Orange book: US patents on Ritonavir

Indentification of innovation tracks Categorizing of patents during retrieval stage Indentifying most active assignees in particular category Reviewing documents citing the key patent Citation map analysis to identify "citation tracks" by exploring backward and forward citations Claim (granted) analysis to identify overlap of claim, e. g. confirm similar scope of protection New aspects of later generation (additional file inspection (via US PAIR))

2 nd generation 1 st liquid dosage no 3 rd generation Key patent: Markush formula 2 nd generation Combination 3 rd generation Liquid dosage Potentially liquid 3 d generation Potentially liquid 5 th generation More specific liquid dosage 4 th generation Liquid dosage 5 th generation Capsule for lq. Dos.

Innovation tracks explored Innovation tracks were selected with a view to relevance for generic production in DCs In initial report: Liquid oral dosage forms Synthesis of Ritonavir and key intermediates Structural considerations and polymorphs Solid dosage forms Following later request from DNDI: Prodrugs of Ritonavir

Search methodology Report includes extensive description of name search strategies Names of pharmaceuticals change over phases of drug development E. g. "Atazanavir", the non proprietary generic name, was assigned at later clinical stage by WHO in 2001 (priority year of founder patent 1995) Various pre-clinical names Various chemical naming conventions CAS registry code CAS-198904313 -31 -3 Alternatively to Orange Book, founder family can be found by searching for SPCs in INPADOC using Atazanavir since SPC are granted at later stage when generic name is known 3 rd alternative to identify founder patent is backward citation analyis.

Naming history Clinical names (usually language independent): Manufacturer name: CGP-73547, CGP-73355, CGP-75136, BM-75136 Generic name (USAN naming protocol), International Nonproprietary Name (INN): Atazanavir Also used for bioequivalents Brand name (product): Rayataz

Clinical names in AB, TI, CL + description Absence of red in neighborhood of yellow indicates potential noise

Clinical names in AB, TI, CL, DE cleaned collection Additional DE are not shown as dots; TI/AB/CL are more evenly spread

Atazanavir filing activity per dvlpm stage

Commercial versus public sector filings

Atazanavir – categories of technologies Created by automated clustering using natural language processing Individual documents may be placed in multiple categories

Collaboration between Novartis and BMS

Atazanavir – citation map

Atazanavir – citation map

Atazanavir – citation map

PLR on vaccines Two parts of PLR Part 1: Vaccine related patents in general Part 2: Vaccines for selected diseases (Pneumonia) Special focus on Brazil, India, China

Vaccines: total filings

Vaccines: origin of PCT applications

Vaccines: OFF

Vaccines: China

Vaccines: China top applicants

Vaccines: top applicants

Thank you lutz. mailander@wipo. int