Cargando…
The scope and infringement of patents claiming strains of bacteria
Increasing numbers of patents directed to bacteria and bacterial products are being filed and granted, many of which claim specific deposited strains of bacteria. However, there remains significant uncertainty regarding exactly what scope patent claims limited to deposited strains might have. A clai...
Autor principal: | |
---|---|
Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Microbiology Society
2022
|
Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9484661/ https://www.ncbi.nlm.nih.gov/pubmed/36133178 http://dx.doi.org/10.1099/acmi.0.000449 |
_version_ | 1784791920967417856 |
---|---|
author | MacLeod, Ian |
author_facet | MacLeod, Ian |
author_sort | MacLeod, Ian |
collection | PubMed |
description | Increasing numbers of patents directed to bacteria and bacterial products are being filed and granted, many of which claim specific deposited strains of bacteria. However, there remains significant uncertainty regarding exactly what scope patent claims limited to deposited strains might have. A claim limited to a specific deposited strain could be interpreted extremely narrowly, extending only to descendants of that deposit. However, a review of the available guidance from courts across the globe suggests that in practice such claims are likely to be infringed by competitor products. The commercial value of patent claims to bacteria depends on the regulatory and competitive landscape, and can be strengthened by appropriate details in patent applications. |
format | Online Article Text |
id | pubmed-9484661 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Microbiology Society |
record_format | MEDLINE/PubMed |
spelling | pubmed-94846612022-09-20 The scope and infringement of patents claiming strains of bacteria MacLeod, Ian Access Microbiol Personal Views Increasing numbers of patents directed to bacteria and bacterial products are being filed and granted, many of which claim specific deposited strains of bacteria. However, there remains significant uncertainty regarding exactly what scope patent claims limited to deposited strains might have. A claim limited to a specific deposited strain could be interpreted extremely narrowly, extending only to descendants of that deposit. However, a review of the available guidance from courts across the globe suggests that in practice such claims are likely to be infringed by competitor products. The commercial value of patent claims to bacteria depends on the regulatory and competitive landscape, and can be strengthened by appropriate details in patent applications. Microbiology Society 2022-08-17 /pmc/articles/PMC9484661/ /pubmed/36133178 http://dx.doi.org/10.1099/acmi.0.000449 Text en © 2022 J A Kemp LLP https://creativecommons.org/licenses/by-nc/4.0/This is an open-access article distributed under the terms of the Creative Commons Attribution NonCommercial License. |
spellingShingle | Personal Views MacLeod, Ian The scope and infringement of patents claiming strains of bacteria |
title | The scope and infringement of patents claiming strains of bacteria |
title_full | The scope and infringement of patents claiming strains of bacteria |
title_fullStr | The scope and infringement of patents claiming strains of bacteria |
title_full_unstemmed | The scope and infringement of patents claiming strains of bacteria |
title_short | The scope and infringement of patents claiming strains of bacteria |
title_sort | scope and infringement of patents claiming strains of bacteria |
topic | Personal Views |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9484661/ https://www.ncbi.nlm.nih.gov/pubmed/36133178 http://dx.doi.org/10.1099/acmi.0.000449 |
work_keys_str_mv | AT macleodian thescopeandinfringementofpatentsclaimingstrainsofbacteria AT macleodian scopeandinfringementofpatentsclaimingstrainsofbacteria |