4 ms·
I'm not sure I follow your line of argumentation. I would expect that any product with some degree of complexity (such as in Biotech) you have on the one hand
by folli 5y ago
I'm not sure I follow your line of argumentation.
I would expect that any product with some degree of complexity (such as in Biotech) you have on the one hand patent protection of the application of the product and on the other hand hard earned knowledge on how to actually produce the product with efficient yield and consistency etc. (which you could consider trade secrets).
- Cerium 5y agoIn theory a patent is where you provide full details such that another practitioner of the same art can replicate your efforts and in exchange you receive government protection from competition for a period of time. According to the US patent office [1]: The specification must include a written description of the invention and of the manner and process of making and using it, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the technological area to which the invention pertains, or with which it is most nearly connected, to make and use the same. If the patent is not detailed or clear enough to enable replication, then it has not met the requirements of the patent office. [1] https://www.uspto.gov/patents/basics/general-information-patents https://www.uspto.gov/patents/basics/general-information-pat...
- Arnt 5y agoRight. But there's no requirement that if you're a skilled practitioner of the art and you read all of the patents (seven in this case), then you'll be able to replicate any particular product that uses those seven (and perhaps many other patents). You have to know those seven to replicate the Moderna vaccine, but there's no guarantee that knowing those seven will be enough. Moderna is allowed to use unpublished information as well, or unpatentable inventions, or patentable but unpatented parts/processes, or outsourcing, or purchased parts.
- stonemetal12 5y agoIf they want a patent on the vaccine then they must provide "full, clear, concise, and exact terms as to enable any person skilled in the technological area to which the invention pertains, or with which it is most nearly connected, to make and use the same." So the one patent on the vaccine should be enough, the other seven tools of the trade patents are a red herring. "use unpublished information as well" nope that would fail the "full and clear" terms of a patent.
- Arnt 5y agoBut what if they don't want a patent on the vaccine? Moderna has patents on seven inventions that are used for making the vaccine, and I'm sure it uses parts or processes from other companies too. AFAICT it hasn't even applied for a patent on the vaccine.