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[samthomas]

Can someone help me with this:

Can the following concept be patented?

1)   Optimization of a process, method or composition for example optimization of culture media for culturing stem cells.

2 )    characterization of cells


Thank you
Regards,
samthomas

[bartmans]

A new culture medium for stem cells will be considered patentable (of course, if new and non-obvious). The process of optimization itself seems less patentable (and why would you need patent protection for such a thing?).

Characterization of cells puzzles me. If this is a ne method to characterize cells (e.g. a method to detect if cells are CD34+) such a method would in principle be patentable, as would a kit used for the detection. If you mean to claim cells as such, these would only be patentable if such a species of cells is new and non-obvious and not by detecting an inherent property (e.g. the possession of a marker molecule) on already known cells.

[samthomas]

Thank you sir for clarify my doubts on this two points. I have shifted to a stem cell research recently, before this I was working as patent drafter for pharma industry. Since stem cell research is not mature field I find it difficult.

If you don't mind sir can you please let me more about patenting Mesenchymal stem cells, I find so many patents related MSC as composition used for cell therapy or used for treating certain diseases/indication. MSC from Bone marrow used for various indications. If you look at this from the point of a chemical drug it says that new use of known chemical is not patentable, does this apply here too?

Can MSC based composition be patented each time when it derived from different source?

Thank you
samthomas