جستجوی مقالات مرتبط با کلیدواژه "ثبت اختراع" در نشریات گروه "پزشکی"

The study of patentability of human stem cells requires that in the first stage, innovations in this field be considered as patentable issues, and then it may be possible to study the three patent requirements. Paying attention to the general expression of patent laws in all legal systems, patents in this field are considered as registrable issues. Applying the three patent requirements to patents in this field also faces challenges that in both US and European legal systems have tried to address these challenges by providing indicators of each of the three patent requirements useful to realize existence of each requirements in a given case.

This research is of theoretical type and the research method is comparative and descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Iran's patent system does not have sufficient examination guidelines to examine inventions in this field and examiners do not have sufficient skills. On the other hand, US and European patent systems in the last two decades have faced the challenge of applying patent requirements to innovations in this field and have found appropriate solutions to solve their problems which could be a shortcut for Iran patent system. Ethical considerations: All ethical considerations including the authenticity of the texts, honesty and fidelity have been observed in order to organize this research.

Due to the shortcomings of the Iranian patent system, especially the lack of examination guidelines and the lack of specialized patent examiners in Iran, the selection of more stringent criteria for patent examination of the patent system faces serious challenges. In general, it is appropriate that the criteria considered in some other legal systems mentioned in the patent requirements to avoid ambiguities and similar lawsuits raised in these legal systems be specified in the patent law or relevant regulations. The US legal system is more rigorous in applying these requirements. Due to the characteristics of the Iranian patent system, choosing the easier approach can make the examination work less expensive and more commensurate. For example, it is appropriate to specify that human stem cells, given that they are natural elements, must be isolated from their natural environment and accompanied by a minimum of technical intervention to be considered new. It is also appropriate to consider the need for "unexpected technical effect" and "sense of continuous demand" in order to finding innovative step. To apply the requirements of industrial application three indicators of being specific, tangible and significant are suggested.

Herbal drugs are the result of human interaction with their environment in the use of plants in the treatment of diseases, which is considered as the legacy of the predecessors that is the intellectual property of a country. Considering the necessity of legal action to protect traditional knowledge and medicine due to the misuse of this knowledge, in recent years increasing attention has been paid to the protection of traditional herbal medicines based on the patent system. The basic argument in this regard is whether the legal protection of the patent system from traditional medicine is possible with respect to its specific features?

This research was conducted by library and documentary methods and through the texts and documents related to the subject of research. Iranian and foreign sources were collected and reviewed by content analysis method.

It was observed that the discoveries, methods of diagnosis and treatment and innovations that are unethical and against public order and sharia can not be patented. Given that herbal medicines in traditional medicine require the creation of a medicinal product with healing properties, it is not considered as a discovery. Although these drugs may be used after they have been manufactured without registration, as long as such use does not disclose sufficient and effective information about these drugs, it will not be a problem to be considered new. Also, despite the claims of some authors that information about herbal medicines has been widely disseminated and made available to the public, it has become clear by providing examples of field studies that it is not appropriate to generalize in this regard. In contrast, many examples of practices in indigenous communities and local groups were provided to keep medical and pharmaceutical innovations secret. Also, when the idea of ​​using a certain plant to treat a specific disease is not obvious to a person with ordinary skills in traditional medicine and the pharmaceutical industry, that herbal medicine has an inentive step. Ethical considerations: This article is authored paying attention to ethical considerations such as honesty and trustworthiness in the analysis and citation.

The patent system can be considered as one of the mechanisms to support herbal medicines and should not be excluded from the scope of options available to support these medicines despite of some problems.

Stem cells are one of the most challenging areas of patent law as one of the important medical resources for the treatment of various diseases. The scope of this challenge relying on the legal approaches of countries depends on how to satisfy substantive requirments and moral considerations, especially in the field of embryonic stem cells. Accordingly, although such cells could be considered patentable subject matter on the basis of substantive requirements, they may not be commercially exploited as an invention on the basis of some considerations of public order and morals. An examination of the relevant case law in the European Union and the United States shows the differences in their approach. The greater emphasis of United States is on the compatibility of such inventions with the patentability requirements and the EU's tendency is more on their compliance with moral considerartions. With the advancement of technology and the achievement of different types of stem cells in ways other than embryo destruction such as somatic cell nuclear transfer technology, induced pluripotent stem cells and so on the legal issues surrounding the patentability of these cells have changed. In fact, because of accessibility to these cells without the destruction of the embryo and the processes that take place on them, like what happens in induce pluripotent stem cells, such inventions can no longer completely ignore because of its similarity to the natural state in human body or conflict with protecting human dignity. In this paper, the legal approaches to patenting human stem cells based on recent European and US jurisprudence have been reviewed and the present research method is analytical-comparative based on library studies. Finally concludes that despite the differing approaches, patenting these cells has been increasing, especially because of their important and numerous therapeutic applications and the related challenges have been adequately managed through judicial procedures.

Due to the growth of scientific production in recent years, this question has always been raised in scientific circles and society, how much scientific production has led to the elimination of the problems of society and how many of them led to the production of goods and services and jobs in a country. In this regard, the present study has investigated the scope of surgical field patents at the global level and Iran's position in this field in order to determine the extent of the invention from the point of view of scientific production. The method of this study is scientometric, using Scopus citation database and embedded engine on it. Also, Excel software was used to draw tables and charts. The results of this study showed that the United States, Japan, the United Kingdom, Germany, Italy, China, France, Canada, India and Turkey ranked first to tenth in terms of patents for surgery, respectively. Iran is ranked 23rd. Other findings, according to data from this site, indicate that the patent process has been slightly decreased in recent years. With 757 in 2014, 729 in 2015, 2016 in 716, 2017 in 692 cases, and 2018 in 660 cases. The growth of scientific production in the field of surgery in the world and Iran has grown relatively well. Perhaps one of the reasons for this is limiting patents to surgeons, since surgery may has an inventive, cooperative, and involved role, but for some reasons its name has not been documented or many of these inventions have been documented in general. In this regard, the status of surgeons in the patent has declined. Understanding the surgical community with patent practices can be another cause. Because surgical procedures are subject to the laws of most countries, including exceptions from patents. But many surgeons do not care and do not record it, which is why one of the reasons is that there is a lack of patent growth in this area.