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   is my case an infringing one?
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   Author  Topic: is my case an infringing one?  (Read 410 times)
geniusgene
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is my case an infringing one?
« on: May 15th, 2006, 3:06am »
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I want to manufacture a drug in Asia. The drug is a biogeneric, i.e. it is off patent... and I plan to market the product in Europe. In the process of making the product, I use an enzyme (which is not the end product). This enzyme is protected by a live patent in Europe.  
 
However, the patent has not covered my country in asia. So, I know I am free to manufacture or use that enzyme in my country. Now If I take the drug product (which uses the enzyme in one of it's production step), can the patent holder of the enzyme sue us for infringing act? Eagerly waiting to hear your views.
Thanx and Regards...
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Wolfcastle
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Re: is my case an infringing one?
« Reply #1 on: May 15th, 2006, 8:33am »
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Well, in the United States, I believe that a patent holder could use the customs office to prevent you from importing the drug into the USA.
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Isaac
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Re: is my case an infringing one?
« Reply #2 on: May 15th, 2006, 8:47am »
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In the US, the ability of the patent holder to prevent import would depend on the ability to invoke 271(g) which requires that a method claim be infringed in producing the drug.  In this case of course, no US patent was mentioned, and we don't even have a hypothetical claim to speculate about.
 
I don't know the law in Europe well enough to say whether the describe usage would be infringing.  I couldn't even say whether the law in European countries was harmonized as to this point.   The answer might well depend on which countries you import into.
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Isaac
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