Chemical Engineering March 2011 - 9

Bookshelf
Patents for Chemicals,
Pharmaceuticals and Biotechnology:
Fundamentals of Global Law, Practice
and Strategy, 5th ed. By Philip Grubb
and Peter Thomsen. Oxford University
Press-USA. 198 Madison Avenue, New York, NY 10016.
Web: oup.com. 2010. 592 pages. $235.00.
Reviewed by Daniel H. Miller, Esq.
Attorney-at-Law, Reston, Va.
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his book examines global patent law as it affects the
chemical, biological and pharmaceutical industries.
Rather than taking a legal case-study approach, it
provides a practical discussion of everyday issues and decisions
faced by global patent practitioners in these complex
industry segments. Focusing mainly on the patent systems
in the U.S., U.K. and Japan, the five-section book effectively
summarizes the practical utility of the Patent Cooperation
Treaty (PCT) international application process, as
well as the domestic filing procedures for each region.
Despite its status as a global patenting text, the book
does not address in any depth the Chinese market as it relates
to intellectual property rights. Perhaps the exclusion
of detailed discussion of patenting in China reflects a view
that the value of spending money on patenting and patent
enforcement in that region is questionable.
Part I provides a good summary of the history and the
rise of the patent system, and discusses the recent push
toward international harmonization of patent laws. Part II
explores the life of a patent and the procedures necessary
to obtain and maintain valid patent rights in the U.S. and
U.K. markets. Although the section offers a good overview of
the process and timeframes required, an experienced practitioner
may need a more-detailed discussion. For example,
the important topic of restriction practice deserved more detailed
coverage, including reasons for why restriction occurs.
Also, given the increased use of PCT international filings,
the reader would benefit from a discussion of the differences
among entering via a national stage application, claiming
priority from a PCT filing, and a traditional U.S. filing.
Part III comprises chapters discussing industry-specific
patent issues, including the unique requirements that arise
for genes, plants and animal-related developments. This
informative section addresses specific hurdles for patenting
technologies from polymers to genetically altered animals.
Among the most useful sections is Part IV, which details
patent applications and obtaining a patent, including how to
write specifications (patent descriptions) and claims. These
topics are particularly useful, as many patenting texts exist
without finding such practical gems. The final section deals
with ownership of the patent, issues that arise with transfer
of ownership and co-ownership, infringement and licensing
agreements. The section on licensing is particularly strong
for its discussion of strategies for cross-licensing, including
specific details such as types of clauses to consider or exclude
from a particular licensing agreement.
While not a how-to book, the authors provide an excellent
compilation of practical strategies and " best practices " that
T
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Chemical Engineering March 2011

Table of Contents for the Digital Edition of Chemical Engineering March 2011
