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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...

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Detalles Bibliográficos
Autor principal: MacLeod, Ian
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
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author MacLeod, Ian
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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.
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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
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