Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Wiscagent]

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?

[Wiscagent]

"...  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.