Team:NCTU Formosa/Legal

Consultation

The School of Technolgy Law at NCTU

In order to understand the legal issues related to our project, we invited CHEN Chih-Hsiung, the School of Technolgy Law at National Chiao Tung University associate professor (specializing in FDA related laws), to help us.

We talked a lot and our team member learned the following:
1. The paper usually have copyright but no intellectual property rights, unless there is a special application.
2. If after the patent contents are published, the patent application is infeasible.
3. The patent application time:
(1) Before being published
(2) After modifying published patent content or to retain part of the technology can apply for part of the patent
4. The three patents for:
(1) Novelty: the published content in the application of new technologies must be present.
(2) Inventive Step (Non-Obviousness): Technical staffs cannot simply develop the same technology as patent content.
(3) Industrial Applicability (Utility): technology must be able to use.
5. The patent does not necessarily be achieved after the completion of the final test phase success.
For example: pharmaceutical industry can apply for a patent after the initial success on cell experiments without waiting for long-term clinical experiments
6. Clinical trial exemption is to protect medical equipment (we prefer this concept), and patent is to protect technology.
7. It is possible that FDA-approved drugs have patent so we have to go through verification to confirm whether our project violate the company.
8. When applying for a new patent, we must envisage extending concept for a wide range to consolidate core technology.

After the interview, we get a lot of information about patent application and we will be more clearly to deal with our project in the future. Thanks for CHEN Chih-Hsiung associate professor who will to have this interview.