Monday, March 11, 2013

Patent tips from "Genetic Engineering and and Biotechnology News"

See Nine tips for Avoiding Pitfalls in Building a Patent Portfolio post written by Ann-Sofie Sternas .

Tip number 4 urges applicants to appreciate that a patent application is NOT a scientific publication:

A patent is completely different from a scientific publication. The patent disclosure should therefore be focused on facts and what you have done in terms of working examples to make credible that your invention works. Do not speculate about mechanisms, theories, and future possibilities in relation to your claimed invention; if your compound or product protected by the patent makes it to the market, every statement in your patent will be scrutinized in litigation, and any statement in the patent proven not true may invalidate your entire patent.

Tip number 5 stresses self-consistency:

Make sure that any scientific publications that you make after having filed your patent application are consistent with your patent disclosure.

Tip number 9 reminds one that a patent is a right to exclude, not a right to make:

Even if you have a patent protecting your product it does not necessarily mean that you are free to put that product on the market, since there may be earlier third-party patents under which your product may fall. Hence, make sure that the product that you intend to market is subjected to a noninfringement evaluation prior to making large investments for a product to be launched.


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