At the core of biotech patent law is a deceptively simple question. Is the item being patented partially or entirely natural in its form? Before you start working with a biotech patent law firm, it's a good idea to familiarize yourself with some of the basic ideas of the field.
Engineering Something Novel
When coupled with the issue of prior art, there can be serious questions about whether a particular invention is really inventive and original in the sense that the U.S. Patent and Trademark Office expects it to be. Prior art covers things that were known prior to the request for a patent.
For example, a company could not patent the general idea of grass. Grass has existed since well before patents were things, and most people have access to and make use of it on a daily basis without having to pay license fee to a patent holder.
Conversely, a newly engineered form of grass probably is patentable and worth patenting. A field turf company might, for example, work on genetically engineering a new species of grass that holds up better to drought or to wear and tear. In order to protect their investment in making a tougher breed of grass, it would be to their benefit to patent the product and limit who can use it.
True Discoveries
Another form of potentially patentable biotech is anything that's newly discovered. Many organizations have invested significant efforts into searching the world's rainforests for new medicines. Upon discovering one that has never been known or used before, an organization would have an interest in patenting the discovery. They'd likely have to demonstrate that there were no known local uses of the medicine, but there's a good chance they would receive the patent as long it was novel. A similar approach might be used to patent biological proteins.
Methods and Techniques
In the world of biotech, it's not just the final products that are patentable. Just as other industries have process patents so does biotech. For example, gene sequencing techniques that are used to activate or deactivate certain DNA or protein sequences in the body are possibly patentable.
Notably, newly discovered, naturally-occurring DNA sequences are not themselves patentable. This only applies to ones that are naturally occurring. Even if they've been isolated in a novel manner, only the process for isolating them can be patented. Likewise, there must also be evidence that the process is itself novel. For more information, contact a local biotech patent law firm.
Share