Re: [PIUG List] Formulation patent

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Hi Syed,

You really need to be looking at what is patented in the claims,
starting with the independent claims of the patent that is the subject
of your investigation, and asking yourself some basic questions :

- - is the claim really limited to just those 4 strains, or does it cover
equivalents (i.e. other strains from the same or similar organisms) ?

- - why did the granted claim only end up with 4 identified strains ?
(file history analysis / prior art analysis)

- - do the adjuvants and stabilizers have an effect on the end formulatio=
n
that would exclude using other strains (apparently not, judging from
your question, and we're back to equivalents again, but this time in
respect of the other elements) ?

- - are the claims valid in the light of the prior art examined or other
prior art of which you are aware ? Is there anything else that may
affect the validity of the claims (applicant's behaviour or submissions,
withholding of information, correct designation of inventors, etc)

- - is your company prepared to fight a potentially costly and lengthy
litigation process to defend itself (whether the patent be valid or not)?


If you can answer these definitively, then you are partly on your way to
finding a solution.


Alex Thurgood


syed ali a écrit :
| 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 paten=
t?
|
| 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 - 13:48:36