Philadelphia, PA asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania

Q: What are the limitations on obtaning patents on bacteriophages or their products for treatment of human diseses in the

1 Lawyer Answer
James L. Arrasmith
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A: Obtaining patents on bacteriophages or their products for treatment of human diseases in the US can be challenging due to several limitations. One limitation is that bacteriophages are naturally occurring entities, which the US Patent and Trademark Office (USPTO) does not allow patents for. Additionally, bacteriophages are not considered to be "new" inventions, as they have been known to exist for centuries. Finally, the process of isolating and purifying bacteriophages can be difficult and expensive, which can make it difficult for companies to obtain patents on bacteriophages. Despite these limitations, there have been a few companies that have been granted patents on bacteriophages or their products for treatment of human diseases. These companies have been able to obtain patents by demonstrating that they have isolated and purified the bacteriophages in a novel way, or by using the bacteriophages in a new way to treat human diseases. As more companies begin to research and develop bacteriophages for the treatment of human diseases, it is likely that the USPTO will grant more patents in this area.

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