Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
A:
A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).
If you did something unusual or obtained unexpectedly good results, this would be an argument favoring non-obviousness. On the other hand, if the examiner can look at other prior-art protein production protocols and show that your modified method employs techniques that the examiner can find in these prior art methods, then this would be an argument against patentability.
Other arguments, such as opinions of experts in your field and possibly commercial success, may also be a factor.
A: Yes, it is possible to patent a modified protein production protocol, even if it has not been previously used for that specific protein but has applications for others. To be eligible for a patent, the modified protocol should be novel, non-obvious, and adequately described in the patent application, demonstrating its utility and uniqueness in the field of biomaterial production. Consulting with a patent attorney experienced in life sciences can help ensure a successful patent application process.
A:
Thank you for your interesting question.
You say "I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?"
The important word is MODIFIED.
I would say that if you simply applied a known protocol to a protein for which you do not believe it was previously used, in my experience I would say that the Examiner will give you a tough 103 (obviousnes) rejection. To overcome this you would ahve to show reasons why one of skill in the art would NOT use the method.
But you MODIFIED the protocol t osuit the new protein. I would predict you will still get a 103 rejection. But depending on how extensive/nivel the modification is, you could overcome he rejection and get an allowance.
You absolutely need to talk with an experienced biotech patent attorney about this. Nobody else will be able to give you the advice you need.
Good luck.
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