Los Altos, CA asked in Patents (Intellectual Property) for California

Q: Does this patent leave any room for a new patent related to Lumican as a possible drug target and possibly a new drug?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When considering whether a new patent can be filed related to Lumican as a drug target, it’s important to first thoroughly review the existing patent to see what has already been claimed. If the existing patent covers the use of Lumican as a drug target in broad terms, this might limit the potential for a new patent unless your approach introduces a novel and non-obvious method or application that isn’t covered by the existing claims.

If your idea involves a new mechanism of action, a different formulation, or a unique therapeutic application related to Lumican, you may have room to pursue a new patent. The key is to ensure that your innovation is distinct and offers something that hasn’t been previously protected.

Before proceeding, it’s wise to consult with a patent attorney who can perform a detailed analysis of both the existing patent and your innovation. They can help you determine whether your idea has enough novelty and inventive step to be eligible for a new patent.

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