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巨人肩膀上的新药申请-505(b)(2)途径

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  • Time of issue:2017-05-12 14:23
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(Summary description)一个矮人站在巨人的肩膀上,可比巨人看得更远,这句古老谚语强调利用前人发明的重要性。制药商们对此更有体会,他们越来越依赖于已有的药物发现,以获得改良现有参比药物的许可,如新适应证、新剂型、新配方和新组合。  根据1984年Hatch-Waxman修正案确立的505(b)(2)许可途径,允许申办者部分依赖已发表的文献和并非由申办者开展的研究,用于支持所申请项目的安全性和有效性。引入这个途径的目的是避免

巨人肩膀上的新药申请-505(b)(2)途径

(Summary description)一个矮人站在巨人的肩膀上,可比巨人看得更远,这句古老谚语强调利用前人发明的重要性。制药商们对此更有体会,他们越来越依赖于已有的药物发现,以获得改良现有参比药物的许可,如新适应证、新剂型、新配方和新组合。  根据1984年Hatch-Waxman修正案确立的505(b)(2)许可途径,允许申办者部分依赖已发表的文献和并非由申办者开展的研究,用于支持所申请项目的安全性和有效性。引入这个途径的目的是避免

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2017-05-12 14:23
  • Views:
Information

  一个矮人站在巨人的肩膀上,可比巨人看得更远,这句古老谚语强调利用前人发明的重要性。制药商们对此更有体会,他们越来越依赖于已有的药物发现,以获得改良现有参比药物的许可,如新适应证、新剂型、新配方和新组合。

  根据1984年Hatch-Waxman修正案确立的505(b)(2)许可途径,允许申办者部分依赖已发表的文献和并非由申办者开展的研究,用于支持所申请项目的安全性和有效性。引入这个途径的目的是避免不必要的重复研究,尽量减少为获得FDA批件而浪费的时间和金钱。

  美国食品、药品与化妆品法案第505节区分了含有完整安全性和疗效研究报告的申请(505(b)(1)),以及含有完整安全性和疗效研究报告但许可所要求的信息至少有一部分来自由申请人或为申请人开展的研究并且申请人没有获得参比这些研究的权利(505(b)(2))。

  505(b)(2)途径对生产商越来越有吸引力,可以说是全新505(b)(1)申请与简略新药申请(ANDA)的中间路径。这个途径可以缩短开发时间和费用,还能获得3~5年的市场专有权,而不像仿制药只有180天的专有权。该路径也适用于孤儿药或儿童用药。

  自2002年以来,通过505(b)(2)批准的申请稳步增长,而505(b)(1)批准的申请有所下降。

  理想候选方向

  505(b)(2)申请适用于多种产品,其适用于5类药物:一是新适应症;二是含有先前已批准活性成分的新组合;三是新制剂或新生产商;四是剂型、规格、给药途径或给药方案变化;五是活性成分(例如不同的盐)变化,或更高数量的活性成分。

  相反,新分子实体(NME)可能从505(b)(1)机制获益。2014年FDA批准申请的途径,NME几乎全部使用505(b)(1),而剂型变化、新组合、配方或生产商变化、无已批准NDA而上市的药物,则更常用505(b)(2)路径。

  硬币的另一面

  但是,505(b)(2)机制有其固有的挑战,该途径未必能够确保更快的申请进程。2014年,对于没有授予任何加速审查(例如优先审查、加速批准、突破性命名、快速通道批准)的申请,505(b)(2)的批准时间比505(b)(1)短;但是,对于加速申请,505(b)(1)的中位批准时间较短。这意味着,申办者通过发起NME,如果能够进入加速审查程序,那么505(b)(1)将更有吸引力。

  在节省时间方面,加速审查途径比505(b)(2)路径更有优势的一个原因是,由于参比药物的专利或专有权保护,递交505(b)(2)申请可能被延迟,因为递交505(b)(2)申请的申请人必须提供专利证明。通常,505(b)(1)申请的活性成分及其制剂均已获得专利;而505(b)(2)申请的新配方、组合或用法有专利,但活性成分无专利。

  此外,为了确保505(b)(2)申请的有效性和安全性,FDA可能需要额外研究,从而带来非预期的花费和延迟。

  利弊

  一个完整的新申请,需要开展大量临床前和临床研究支持。申办者必须认真考虑所有这些试验的费用,况且并不能保证能够最终批准。在这个意义上,寻求505(b)(2)申请路径风险较低,因为该申请的有效性和安全性信息已经存在。越来越多的申办者由于不能负担提交完整申请,正在考虑505(b)(2)途径,FDA批准的505(b)(2)申请数目越来越多也印证了这一点。

  这种可节约时间和金钱的方法,被视为“第三条途径”,可使申请人避开仿制药市场竞争,又能避免505(b)(1)申请所要求的长时间临床前和临床试验所带来的陷阱。3~5年的市场专有权无疑是个有吸引力的激励。

  然而,不应当低估505(b)(2)机制的固有挑战和不确定性。递交505(b)(2)申请未必就能节省时间,从近年批准申请的数据分析看,该路径节省的时间几乎可以忽略不计。

  申办者必须仔细权衡每种机制的利与弊。在选择505(b)(2)途径时,应当考虑FDA可能要求的研究程度以及支持拟定改变可能需要的额外数据。此外,知识产权问题是一个潜在问题,也会推延申请获批时间。

  因此,虽然505(b)(2)批准途径高效,越来越有吸引力,却仍然需要申办者主动与FDA接触,预估递交文件中需要加入的新数据数量,以尽量减少这种机制的不确定性,确保顺畅的批准进程。

  http://www.xinyaohui.com/news/201505/05/5822.html

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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