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   New Question on Blocking Patents
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   Author  Topic: New Question on Blocking Patents  (Read 3501 times)
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Re: New Question on Blocking Patents
« Reply #5 on: Feb 7th, 2007, 12:59pm »
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on Feb 7th, 2007, 12:20pm, Ding-a-Ling wrote:
Hey ... a bell just went off in my head ... Ding-a-Ling!
Anyone who tries to address the questions of the OP should carefully consider 35 USC 287(c) ... look for "medical activity" and for infringements related thereto ... I'm not claiming to have it all figured out ... but I am pointing you in a salient direction.

35 USC 287 is far more limited than is apparent before reading the definitions in the statute.  For example "medical activity" in the statute  would include a surgical procedure but would not include administering a patented drug or using a diagnostic or therap eutic machine in treating cancer.   For that reason it is simply necessary to use a comple of words like "may" and "possible" when formulating the answwer to the OPs question since at least some cancer treatments (for example chemo using an inventive compound) would fit the fact pattern given.
« Last Edit: Feb 7th, 2007, 1:14pm by Isaac » IP Logged

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