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Record W2266078087

SCC Clarifies Areas of Challenge for Selection Patents

2010· article· en· W2266078087 on OpenAlexaboutno aff
Mark Perry

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicIntellectual Property and Patents
Canadian institutionsnot available
Fundersnot available
KeywordsInnovatorNoveltyGenusOrder (exchange)Selection (genetic algorithm)Group (periodic table)BusinessIndustrial organizationOperations researchComputer scienceEngineeringBiologyArtificial intelligenceChemistryEcologyPsychologyFinanceEntrepreneurship
DOInot available

Abstract

fetched live from OpenAlex

There is a grey area for inventors - or more realistically, their employers - between the time when they know they have a good idea that will probably work, and having a demonstrably new invention that will be patentable. This leaves them with the challenge as to when to file for a patent and what it can cover. It has become common practice for the chemical, biotechnology, and drug industries to file for a patent (the "genus" patent) when the inventors have a discernible group of materials and compounds that can do "something," and which satisfies the requirements for utility, novelty and unobviousness, and then to continue working on those compounds in order to tease out best candidates with specific properties. In 'Apotex Inc. v. Sanofi-Synthelabo Canada Inc.', [2008] S.C.J. No. 63, the innovator company Sanofi had obtained a genus patent covering a large group of compounds on the basis of years of work and sound prediction. In the genus patent there was no distinction drawn between the effects of different isomers, where the compounds have the same chemical formula, but one version rotates polarised light to the right, "dextrorotatory," and the other to the left, "levorotatory." One version of the compound can be imagined as a mirror image of the other.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.031
metaresearch head score (Gemma)0.106
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Commentary · Consensus signal: none
Teacher disagreement score0.062
Threshold uncertainty score0.207

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0310.106
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.002
Bibliometrics0.0070.006
Science and technology studies0.0100.010
Scholarly communication0.0290.021
Open science0.0040.008
Research integrity0.0220.019
Insufficient payload (model declined to judge)0.0620.017

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.058
GPT teacher head0.227
Teacher spread0.169 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes1
Has abstractyes

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Same venueSSRN Electronic JournalSame topicIntellectual Property and PatentsFrench-language works237,207