I am a chemist who works for small RnD company, mostly targeting on pharmaceuticals and chemical intermediates. My company has recently started using enzymes in its projects and some of them are promising. I have therefore started looking at this subject carefully. We will either end up checking enzyme suppliers or we might succeed at collaborating with academic institutions and co-develop new technology.

For both perspectives I would like to study a little bit FTO issues related to enzyme technology. I can rely on my chemistry background and some refreshing reading on biochemistry/biology terms, but the implimentation of them onto real-life cases will be a challenge. What is the scope of claims reciting sequencing, how exactly is enzyme engineering IP protected, who can use patented enzymes and for what purpose, that sort of stuff. Can anyone recommend relevant case law in Europe or US? Or perhaps any book related to this subject?

I understand there is some relevant information in the internet available, however I would like more specific information, if possible.

What happens after a final rejection? I know the applicant may appeal this, but for how long does he actually have the option after that? Is it the time frame the examiner states in his final rejection, or if this time fram lapses, there is still an option for reviving the applicant's rights?

In addition, may the applicant file a child application (divisional) AFTER the final rejection? If yes, again, how long does this option exist after the final rejection communication from the USPTO?

Suppose there is a claim to chemical compound X, granted. And then you have a chemical substance which is pure at 99.5% and let's say that 0.3% of it is compound X (as an impurity). My intuition tells me that there should be no infringement, but is there any relevant case law (either US or Europe)?

Hi everyone

I am monitoring a US patent, which was revoked after a succesful IPR before the PTAB. The patentee appealed, however the relevant document is relevant to a different case (different patent No, different plaintiff-respondent, everything). I emailed the USPTO, at ebc@uspto.gov, to let them know there is a discrepancy there (and hoping to ensure that I will get the right information from the file wrapper, while now I am relying on blogs for an update, thanks to the high profile of this patent and the company...). They replied that for this inquiry (I did not ask any questions, just pointed out that there is a mistake): "The office to better assist you with this inquiry would be the Board of Patent Appeatls at 571-272-9797".

First of all, this will be one expensive call, I live in Greece. Secondly, is the Board of Patent Appeals responsible for the documents uploaded at the file wrapper of the ipair?

Any ideas here would be welcomed...

Hi everyone

The search tool seems not to be working, so apologies if there is already an answer for my questions.

I am european-based and I am monitoring a US patent which is going through inter partes review and interference proceedings.

I cannot find nor understand if there is a portal through which I can retrieve relevant documents and follow up both issues. Can anyone instruct me on how to do that, provided there exists such an option?

Thank you

Hi everyone

Does anyone have experience with patent filling in Argentina? It is a non-PCT country so you can only go through the national route there. I assume a translation in spanish is mandatory? Cost of filling and attorney (an average)? And how long does the examination last there? 

Any info will be very useful. Thank you!

Hi everyone

Under the AIA, there are now three ways to (post-grant) challenge a US patent: 1) Post-grant review, 2) Inter partes review and 3) Ex parte reexamination.

Not being US-based, but interested to get a better view of the US patent landscape, can someone explain in brief what is the reason for the existence of three different procedures for invalidation?

Additionally, what is the proper way of naming a patent challenge which undergoes trial in a district court (as is the usual case for drug patents challenged within para-IV procedure)? Plainly, a civil action? As I understand this, those trials are distinct from all the three procedures described above, which are conducted within the USPTO.

Apologies if those questions seem...obvious, but I can not find any clear and concise information by plain internet searching.