[PIUG List] Formulation patent

Dear Friends,

My question relates to a vaccine formulation.

A particular vaccine formulation is patented which comprises of four strains
of a bacterium and different adjuvants and stabilizers. The question is, if
one uses the same adjuvants and stabilizers but for different strains of the
same bacterium will he be infringing the patent?

I asked this question to one of the IP expert and he considers it as
infringement on the premise that the organism is same. But my argument is
different strains behave differently even if they belong to the same
organism. We cannot for sure say that the same composition will be a stable
composition for these strains.

Is my argument valid? What is your opinion?
I would very much appreciate if someone can point towards any case laws.

Thanks in anticipation

Regards,
Syed

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Received on Fri Feb 29 2008 - 10:41:35