Scaling up a chemical process

[abeggaronhorseback]

Hello all,

Would it be legal  to scale up a process (not patented) from an academic paper? Or would the author come after you?

Cheers x-x

 

[John Cuthber]

In general it would be legal. (obviously, if it's synthesis of a drug or whatever, that's another matter).

There's also an issue of selling the material- if the use of it is patented.

And there's a big  question about safety.

[abeggaronhorseback]

Thanks for the reply! It isn't a drug I have in mind

Well it's an intermediate, so I would not be concerned with the end use. It's a more environmentally friendly route for an existing chemical.

Of course, always wear a helmet and all that jazz...joke

Thanks again.

 

[Strange]

6 hours ago, abeggaronhorseback said:

Would it be legal  to scale up a process (not patented) from an academic paper?

Publishing in a paper provides no protection for the ideas. (Although the actual words and diagrams of the description are protectedly copyright.)

In fact, if the process is not already patented, then publishing a paper will stop anyone getting a patent on it.

[StringJunky]

Also, patents last 20 years or 14 years if it's just a design patent.... if they are maintained by paying the ongoing fees. It's in the public domain after that. The name is protected though.

[CharonY]

7 hours ago, Strange said:

In fact, if the process is not already patented, then publishing a paper will stop anyone getting a patent on it.

In the US there is a year grace time between public use and filing the patent. I.e. you could describe a method, use it for a paper and publish it. But you'd have to file the patent within a year. 

[abeggaronhorseback]

Thanks for the help everyone!

Strange - So you cannot create a patent based on a published paper produced by someone else?

CharonY - So if you don't file a patent within a year then the process is in the public domain?

Thanks again  

 

 

I'm in the U.K by the way.

[Strange]

15 minutes ago, abeggaronhorseback said:

Strange - So you cannot create a patent based on a published paper produced by someone else?

You can if you do something novel (inventive, non-obvious) based on the information in the paper. But you cannot patent what is in the paper.

[CharonY]

4 hours ago, abeggaronhorseback said:

CharonY - So if you don't file a patent within a year then the process is in the public domain?

It basically counts as a public disclosure and in the US (and Canada, I think) you have got a 1 year grace period. I think in the EU you don't have that provision. However, it requires that you produced the IP (i.e. are the inventor). As stranger pointed out, you could only use the information from someone else's public disclosure to create a similar, but distinct invention and patent that.

[abeggaronhorseback]

Thanks everyone 

[John Cuthber]

You need to be careful about scaling up reactions.

 

[StringJunky]

1 hour ago, John Cuthber said:

You need to be careful about scaling up reactions.

 

Sobering.

[druS]

I am utterly astonished that there was no form of back up cooling. Astonished.

Likewise at construction standards in the control room which I would hope would be designed as a safe house under emergency conditions.