Q: I would like to patent a 10AA peptide sequence for a spec. application but the sequence is already patented
I found on lens.org that the sequence I want to was already part of the patent of longer AA chains (ex 85). Can I still patent this smaller sequence? thanks
A: It is possible that a sub-sequence could be considered by itself. A claim on this sub-sequence should be non-obvious in view of the long sequence and be useful by itself. The question only provides enough information to say that it appears that consulting IP counsel would be prudent.
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