Technical standards are usually established in a form of a document prepared and maintained by standard organization members. The document contains uniform engineering or technical criteria, methods, processes and practices. A member usually holding such patents forms an association and agrees to share the technology covered by patents amongst its members on a licensing term benefits. However sometimes later a member sought an injunction in light of another technology patent which they feel is being used inadvertently whenever the technical standard is implemented in a product. This causes its members practicing those standards to get sued or pay extra royalties causing a breach of trust.
This whitepaper brings out multifaceted issues relating to a technical standard used/going to be issued in an electronic/mobile telecommunication system overlaps with IP protected / IP filed invention by an inventor or company
Most of the key biotechnology and pharmaceutical companies ranging from innovative startup companies to Fortune 500 companies file patent applications with long sequence listings. This paper presents an overview of the current trends in filing long sequence listings at the USPTO. Filing long claimed sequence listings in patent applications decreases the probability of grant and has negative impact on patent term by increased number of office actions. In approximately 95% of cases, long sequence listings are reduced during prosecution and only less than 100 sequences are present in the claims of the granted patents. The paper highlights the consequences of claiming long sequence listings in the patent applications and makes recommendations to overcome them. The paper provides a platform for leading biotechnology and pharmaceutical companies to brainstorm before claiming long sequence listings in the patent applications.
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