As part of an insilico study, I generated virtual analogues based on the 3D structures of patented drugs and chemical compounds which were published in journals requiring copyright clearance. Some of the 3D structures of these drugs are also available in public databases of chemical compounds. I intend to publish the 2D structures of the generated analogues. Are there any copyright restrictions on the use of 3D structures of chemical compounds in insilico research ? Would it be a violation of patent or intellectual property copyrights of a patented drug compound if I make use of the 3D structure of the drug in insilico research ?
Thank you for any inputs.
Jay M ,
This is a matter that you should consult with an IP professional
That being said, for example, in the US (see https://www.copyright.gov/comp3/
chapter 300 states
"Section 102(b) of the Copyright Act expressly excludes copyright protection for “any idea, procedure, process, system, method of operation, concept, principle, or discovery,regardless of the form in which it is described, explained, illustrated, or embodied in such work.” 17 U.S.C. § 102(b); see also 37 C.F.R. § 202.1(b). As such, any work or portion of a work that is an idea, procedure, process, system, method of operation, concept, principle, or discovery does not constitute copyrightable subject matter and cannot be registered."(pp 22-23)
In the examples it gives "DNA sequences and other genetic, biological, or chemical substances or compounds, regardless of whether they are man-made or
produced by nature."(p. 23)
Now if you take a drawing, graphical representation, or animation from a copyrighted source, then that is another matter that merits closer attention
"The Office may register a literary, musical, graphic, or artistic description, explanation, or illustration of an idea, procedure, process, system, method of operation, concept, principle, or discovery, provided that the work contains a sufficient amount of original authorship"(p.23)
A narrative taken from a work or animation that require the artists rendering of that 3-d structure and gives it a personalized imagery, then it can be protected and requires permission.
Regards
Moim zdaniem potrzebna jest taka zgoda, zwłaszcza, kiedy produkt jest opatentowany.
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