#uspto

[mostlysignssomeportents]

Uncle Sam paid to develop a cancer drug and now one guy will get to charge whatever he wants for it

Today (Oct 19), I'm in Charleston, WV to give the 41st annual McCreight Lecture in the Humanities. Tomorrow (Oct 20), I'm at Charleston's Taylor Books from 12h-14h.

The argument for pharma patents: making new medicines is expensive, and medicines are how we save ourselves from cancer and other diseases. Therefore, we will award government-backed monopolies – patents – to pharma companies so they will have an incentive to invest their shareholders' capital in research.

There's plenty wrong with this argument. For one thing, pharma companies use their monopoly winnings to sell drugs, not invent drugs. For every dollar pharma spends on research, it spends three dollars on marketing:

https://www.bu.edu/sph/files/2015/05/Pharmaceutical-Marketing-and-Research-Spending-APHA-21-Oct-01.pdf

And that "R&D" isn't what you're thinking of, either. Most R&D spending goes to "evergreening" – coming up with minor variations on existing drugs in a bid to extend those patents for years or decades:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3680578/

Evergreening got a lot of attention recently when John Green rained down righteous fire upon Johnson & Johnson for their sneaky tricks to prevent poor people from accessing affordable TB meds, prompting this excellent explainer from the Arm and A Leg Podcast:

https://armandalegshow.com/episode/john-green-part-1/

Another thing those monopoly profits are useful for: "pay for delay," where pharma companies bribe generic manufacturers not to make cheap versions of drugs whose patents have expired. Sure, it's illegal, but that doesn't stop 'em:

https://www.ftc.gov/news-events/topics/competition-enforcement/pay-delay

But it's their money, right? If they want to spend it on bribes or evergreening or marketing, at least some of that money is going into drugs that'll keep you and the people you love from enduring unimaginable pain or dying slowly and hard. Surely that warrants a patent.

Let's say it does. But what about when a pharma company gets a patent on a life-saving drug that the public paid to develop, test and refine? Publicly funded work is presumptively in the public domain, from NASA R&D to the photos that park rangers shoot of our national parks. The public pays to produce this work, so it should belong to the public, right?

That was the deal – until Congress passed the Bayh-Dole Act in 1980. Under Bayh-Dole, government-funded inventions are given away – to for-profit corporations, who get to charge us whatever they want to access the things we paid to make. The basis for this is a racist hoax called "The Tragedy Of the Commons," written by the eugenicist white supremacist Garrett Hardin and published by Science in 1968:

https://memex.craphound.com/2019/10/01/the-tragedy-of-the-commons-how-ecofascism-was-smuggled-into-mainstream-thought/

Hardin invented an imaginary history in which "commons" – things owned and shared by a community – are inevitably overrun by selfish assholes, a fact that prompts nice people to also overrun these commons, so as to get some value out of them before they are gobbled up by people who read Garrett Hardin essays.

Hardin asserted this as a historical fact, but he cited no instances in which it happened. But when the Nobel-winning Elinor Ostrom actually went and looked at how commons are managed, she found that they are robust and stable over long time periods, and are a supremely efficient way of managing resources:

https://pluralistic.net/2023/05/04/analytical-democratic-theory/#epistocratic-delusions

The reason Hardin invented an imaginary history of tragic commons was to justify enclosure: moving things that the public owned and used freely into private ownership. Or, to put it more bluntly, Hardin invented a pseudoscientific justification for giving away parks, roads and schools to rich people and letting them charge us to use them.

To arrive at this fantasy, Hardin deployed one of the most important analytical tools of modern economics: introspection. As Ely Devons put it: "If economists wished to study the horse, they wouldn’t go and look at horses. They’d sit in their studies and say to themselves, ‘What would I do if I were a horse?’"

https://pluralistic.net/2022/10/27/economism/#what-would-i-do-if-i-were-a-horse

Hardin's hoax swept from the fringes to the center and became received wisdom – so much so that by 1980, Senators Birch Bayh and Bob Dole were able to pass a law that gave away publicly funded medicine to private firms, because otherwise these inventions would be "overgrazed" by greedy people, denying the public access to livesaving drugs.

On September 21, the NIH quietly published an announcement of one of these pharmaceutical transfers, buried in a list of 31 patent assignments in the Federal Register:

https://public-inspection.federalregister.gov/2023-20487.pdf

The transfer in question is a patent for using T-cell receptors (TCRs) to treat solid tumors from HPV, one of the only patents for treating solid tumors with TCRs. The beneficiary of this transfer is Scarlet TCR, a Delaware company with no website or SEC filings and ownership shrouded in mystery:

https://www.bizapedia.com/de/scarlet-tcr-inc.html

One person who pays attention to this sort of thing is James Love, co-founder of Knowledge Ecology International, a nonprofit that has worked for decades for access to medicines. Love sleuthed out at least one person behind Scarlet TCR: Christian Hinrichs, a researcher at Rutgers who used to work at the NIH's National Cancer Institute:

https://www.nih.gov/research-training/lasker-clinical-research-scholars/tenured-former-scholars

Love presumes Hinrichs is the owner of Scarlet TCR, but neither the NIH nor Scarlet TCR nor Hinrichs will confirm it. Hinrichs was one of the publicly-funded researchers who worked on the new TCR therapy, for which he received a salary.

This new drug was paid for out of the public purse. The basic R&D – salaries for Hinrichs and his collaborators, as well as funding for their facilities – came out of NIH grants. So did the funding for the initial Phase I trial, and the ongoing large Phase II trial.

As David Dayen writes in The American Prospect, the proposed patent transfer will make Hinrichs a very wealthy man (Love calls it "generational wealth"):

https://prospect.org/health/2023-10-18-nih-how-to-become-billionaire-program/

This wealth will come by charging us – the public – to access a drug that we paid to produce. The public took all the risks to develop this drug, and Hinrichs stands to become a billionaire by reaping the rewards – rewards that will come by extracting fortunes from terrified people who don't want to die from tumors that are eating them alive.

The transfer of this patent is indefensible. The government isn't even waiting until the Phase II trials are complete to hand over our commonly owned science.

But there's still time. The NIH is about to get a new director, Monica Bertagnolli – Hinrichs's former boss – who will need to go before the Senate Health, Education, Labor and Pensions Committee for confirmation. Love is hoping that the confirmation hearing will present an opportunity to question Bertagnolli about the transfer – specifically, why the drug isn't being nonexclusively licensed to lots of drug companies who will have to compete to sell the cheapest possible version.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/10/19/solid-tumors/#t-cell-receptors

My next novel is The Lost Cause, a hopeful novel of the climate emergency. Amazon won't sell the audiobook, so I made my own and I'm pre-selling it on Kickstarter!

[usnatarchives]

ZAMBONI PATENT 1949 “Ice Rink Resurfacing Machine”

By Miriam Kleiman, Public Affairs, in honor of Zamboni drivers Alex B (NGA's Sculpture Garden Ice Rink) and Uncle Hank (Northern MI University).

Alex rocks the Zamboni at the National Gallery of Art Sculpture Garden Ice Rink, 12/29/22, image by Miriam Kleiman.

Ever wonder about the incredibly cool “Ice Rink Resurfacing Machine” (aka Zamboni)?

We’ve got the patent! See all 124 pages in our Online Catalog (NARA ID 117724382).

Thanks to the Zamboni, the ice was smooth enough for this talented monkey! See Ice Skating Chimpanzee, 1963 (The Unwritten Record).

Excerpt from the release sheet: SPORTS MONKEY SHINES! THIS CHIMP IS A GAY BLADE: Usually, summer is the whacky season, but this winter things aren’t on an even keel in Germany. They’ve taught a Chimp to Skate and he’s a real swinger! After some tricks “Archibald” leads a Conga that proves he’s a real gay blade with quite a line figure-8-atively.

“Ice Rink Resurfacing Machine” Patent file excerpts:

PROBLEM: "The maintenance of a satisfactorily smooth surface on the ice is one of the major problems in connection with the operation of a skating rink… The squeegees have no effect on the hard-frozen rough ice, and the ice therefore remains rough 'until the next time that it is scraped."

BEFORE the Zamboni: "Heretofore, the usual method of cleaning off and smoothing the surface of the ice has been to send attendants out onto the ice to sweep off the cut ice with scrapers or sweeps that are pushed ahead of them; while in other instances, the ice is scraped clean by scraper blades mounted on towed sleds towed sleds or on automotive vehicles such as the small, four-wheel drive vehicles formerly used in the military services and known popularly as the jeep In either case, after the surface of the ice has 'been scraped clean, a thin film of water is spread over the ice to fill in the cracks and low spots, and surplus water is then squeegeed away, usually by a number of attendants on skates, pushing the squeegees ahead of them… 

GOAL of ZAMBONI: "[An] object of the invention is to provide a self-propelled vehicle that can be operated by one man, and which functions automatically to shave the ice, convey the shaved ice to a large receptacle attached to the vehicle, and then squeegee a thin film `of water over the surface of the ice so as to provide a like-new surface when the water has frozen."

Full citation: Frank J. Zamboni & Co., Inc. RG 241: Records of the Patent and Trademark Office, 1836-1978, Patent Case Files, 1936-1976, Patent Case File No. 2,642,679, Ice Rink Resurfacing Machine, Inventor Frank J. Zamboni. NARA ID 83876135

Much more online! 

Ice Skating in the National Archives, National Archives News special topics page

Records Reveal Winter Olympics History, National Archives News: 

Ice Skating at Rockefeller Center, 1937, The Unwritten Record: 

Kate S. Todd Improvement in Skating-Wands, 1872

[l-stanny]

[irradiate-space]

The recent USPTO decision that copyrightable art requires "human authorship" is good to prevent flooding the copyright space with machine-generated works in the monkeys-and-typewriters approach, but I'm really curious how present legal precedents could apply to non-human intelligent creatures. Will the legal definition of "human" be extended to include all sophonts, or will a new term be coined that isn't "human" or "person"?

[bitchywhispersbird]

Getting a Trademark » for your business name, or logo, might sound very easy, but several hurdles can occur on the track of USPTO Trademark Search » Registration.

Due to globalization, and start-up waves around the globe, more and more companies are making their presence active with each passing day. Vidhinyas Solicitors & Associates » tell us that the first condition for getting a trademark registered is that your item should be completely unique and not a copy of someone else’s brand or company.

[byczeklaw]

Palo Alto Research Center Incorporated, with Xerox Corporation as assignee, was granted a patent titled "Method and architecture for ai-assisted supervision for a controlled system" on 4/16/2024 [11,960,273].

The Abstract explains that "A respective sensor reading is an output of a sensor in the production system. The supervisor can then determine, using an artificial intelligence (AI) model, whether the set of sensor readings accommodates a fault associated with a corresponding sensor. Subsequently, the supervisor can determine an action that mitigates an effect of the fault and modify the set of sensor readings based on the action."

Figure 1 shows an "exemplary supervised environment that supports an Al-assisted supervised controlled system".

Visit https://patents.social to learn more about patents from Byczek Law.

[vaibhav-313]

The USPTO granted a patent to Microsoft for their visionary 'Artificial Reef Data Center' concept, developed by Ben Cutler, the genius behind Project Natick. This underwater data center promises more than just data storage, as its structures are designed to nurture marine ecosystems and reef life. It symbolizes the perfect harmony between technology and environmental preservation. What's your perspective on this remarkable breakthrough?

[y2academy]

Y2 Academy's Online System has just been granted a Patent by USPTO! 🏆 Elevating the learning experience to new heights. https://www.y2academy.com/uspto/ #InnovationAward #USPTO #Y2AcademyPatent #OnlineLearning

[wissenresearchllc]

🔍 𝗛𝗮𝘃𝗲 𝘆𝗼𝘂 𝗲𝘃𝗲𝗿 𝗵𝗲𝗮𝗿𝗱 𝗼𝗳 𝗮 𝗽𝗮𝘁𝗲𝗻𝘁𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝘀𝗲𝗮𝗿𝗰𝗵? 𝗜𝘁'𝘀 𝗮 𝗰𝗿𝘂𝗰𝗶𝗮𝗹 𝘀𝘁𝗲𝗽 𝗶𝗻 𝘁𝗵𝗲 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗽𝗿𝗼𝗰𝗲𝘀𝘀, 𝗮𝗻𝗱 𝗰𝗮𝗻 𝘀𝗮𝘃𝗲 𝘆𝗼𝘂 𝘁𝗶𝗺𝗲 𝗮𝗻𝗱 𝗺𝗼𝗻𝗲𝘆 𝗶𝗻 𝘁𝗵𝗲 𝗹𝗼𝗻𝗴 𝗿𝘂𝗻. 💡

In essence, a patentability search aids in determining whether your innovation qualifies for a patent. Bypassing this stage, you risk losing money and wasting time and resources.

Wissen Research provides comprehensive patent search and analysis services to assist businesses and innovators in navigating the complicated patent landscape. Improve your chances of success and ensure that your idea is protected for years to come by taking the time to conduct a patentability search. Click on the link to know more: https://www.wissenresearch.com/patentability-search-services/

[patentbar]

Pass Patent Bar Exam with Wysebridge. Fast-track your career by becoming a Patent Attorney or Agent with a cost-effective, streamlined preparation.

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While the national average pass rate for the Patent Bar Exam is below 50%, Wysebridge users boast an impressive over 80% success rate on their first attempt.

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Patent attorneys typically earn more than regular attorneys due to their specialized knowledge and expertise in intellectual property law. According to the American Intellectual Property Law Association, patent attorneys have the potential to earn higher salaries than attorneys practicing in other areas of law. In addition to their legal qualifications, patent attorneys are also required to have a technical background, which further enhances their earning potential. On the other hand, regular attorneys’ salaries can vary widely depending on factors such as their experience, location, and field of specialization.

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[dentonpeterson]

Facing a USPTO trademark rejection? 🤔 Review the letter, consult a trademark attorney, and explore options: respond, amend, or appeal. For assistance, contact Denton Peterson Dunn—we specialize in intellectual property law. Protect your brand—contact us today! 🛡️✨

[l-stanny]

Mobile, responsive, dynamic, Section 508 compliant, web application prototype from wireframes.

[cannabisbusinessexecutive]

Goods and Services and Canna Trademarks

By Fred Rocafort, Attorney at Harris Sliwoski Goods and services (G&S) identifications are a critical part of a cannabis trademark application, as with any other trademark application. An improper identification can delay an application, and in the worst cases prove fatal. Cannabis brands in particular have to be very careful when it comes to G&S. Trademark rights are linked to specific goods and…

[catleaftree]

Patent Office Visit

In late July, the inventor and the webmaster visited the United States Patent Office building, library, and museum. The librarians were incredibly kind and helpful. And the museum was very cool! We were disappointed that there wasn’t a wall of the previously-required invention miniatures, but there were still some scattered throughout the building that inspired us to sometime (hopefully soon)…