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I have an Invention ... Now What?
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   Re: Chemical Patent ?
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   Author  Topic: Re: Chemical Patent ?  (Read 3159 times)
Wiscagent
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Re: Chemical Patent ?
« on: Apr 4th, 2007, 6:30pm »
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You could have made a simple question even more confusing by having co-inventors A and B, a patent attorney B, an examiner A, and file the applications in countries A and B.
 
But to answer your question ... it would depend on exactly what is claimed in the earlier patent; and perhaps on how the A-B product is made ... is the (potentially) infringing compound ever isolated when A-B is made?
« Last Edit: Apr 4th, 2007, 6:32pm by Wiscagent » IP Logged

Richard Tanzer
Patent Agent
Wiscagent
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Re: Chemical Patent ?
« Reply #1 on: Apr 4th, 2007, 10:32pm »
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"...  would a prodrug of A-B (A from the above claims linked to another compound B) and the use of compound A-B for the treatment of disease X infringe claims 1 or 2 above based on the information above?"
 
It still depends on the claims of the patent.  Here's an illustrative hypothetical:
 
  - I have a patent on acetic acid - the only claim of my patent is: A liquid comprising more than 10% acetic acid.
  - You developed ethyl acetate.
  - While ethyl acetate is (sort of) ethanol + acetic acid, ethyl acetate can also be made using methyl acetate or acetic anhydride rather than acetic acid.
  - So you could make ethyl acetate without infringing my patent.
 
If I had a broader claim, your process might infringe.
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Richard Tanzer
Patent Agent
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