In cell therapy the industry mantra is that the product is the process. However, this case illustrates that the best patent protection for a cell therapy is derived from the product.
Is your product prior art if you disclose it before you file your patent, but without disclosing how it is made or what it is made from? The EBA answers “yes”.
Understanding how patent claims are interpreted is crucial, and a recent EPO decision, G 1/24, provides new guidance: always consult the patent’s full description and drawings, not just the claims themselves.
In a world in which incalculable amounts of sophisticated sequence data is freely available, are the clunky processes necessary to input patent sequence data really fit-for-purpose?
When drafting a patent, seemingly innocuous “boilerplate” definitions in the description can drastically narrow your claims, as demonstrated by the Alnylam v Moderna case in the US, highlighting the critical need for precise language to protect your invention.
Discover the critical difference between patentability and freedom to operate in biotech, and why true innovation is your best strategy for navigating the complex intellectual property landscape.
