A Study on Vaccine Patent Protection and Battle Strategy for Biotechnology Companies and the Pharmaceutical Industry

• Main Authors: Fu-Chia Chuang, 莊馥嘉
• Other Authors: 謝銘洋
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/63449102910919779333

碩士 === 臺灣大學 === 科際整合法律學研究所 === 98 === The purpose of this thesis is to provide a set of patent and battle strategies for the domestic pharmaceutical industry and biotechnology companies. The aim is to obtain a comprehensive protection of vaccine-related technology. The thesis is divided into four parts: the concept of vaccine, the current development of the vaccine market and the vaccine patents, patent law and finally the vaccine protection strategies before and during the period of patent right. Part I talks about how a vaccine works and how to manufacture vaccines, as well as how much time and money would be consumed during the whole process from the laboratory stage to the point where it is possible to apply the vaccine to human beings and be released onto the market. According to this study, it is evident that it is a long and difficult way for a single vaccine to become a final product, and it needs the combination of both business and patent protection strategies to support this process. This is because a correct patent strategy gives correct direction for the development and protection of research results, which then leads to successful development and marketing. Successful marketing, on the other hand, provides funds for the development and successful development brings good business. Therefore, these three elements -- development, marketing and patent strategy -- work together in a complementary fashion. Accordingly, Part II takes the perspective of the current market, to understand the development trend of the vaccine technology and the market distribution of vaccine products, as well as the vaccine-related patent applications. Part III then discusses the patent law. Part IV is further divided into three parts: the technology protection strategies from the research stage to the market, battle strategies after obtaining patent rights, and collaborations after obtaining patents. Part (i) includes the assessment and management of a technology before filing a patent application and the strategy of obtaining a patent; Part (ii) provides respective strategies for the plaintiff and the defendant in a patent suit; Part (iii) describes different levels of cooperation, from licensing to alliances and M&As.