3 ms·

Yes, I don't know what I'm talking about. As I said I went into a rabbit hole and provided a TLDR. But do these guys know what they're talking about? https://

Yes, I don't know what I'm talking about. As I said I went into a rabbit hole and provided a TLDR. But do these guys know what they're talking about? https://phage.directory/capsid/phage-patentability https://phage.directory/capsid/phage-patentability You may have heard through the grapevine that “phages can’t be patented”, and yet, several phage patents exist, and biotech and pharma are starting to invest in phage-based therapeutics. What’s the deal? [...] However, the patentability of phage therapies has been called into question. Several patents in the same category as phages have actually failed to hold up in court. This suggests that even if companies can find ways to successfully file phage patents, these patents may end up being worthless. So phages may need protection in other ways.

importantbrian 4y ago
I think they might not. I will grant I'm not an expert in this area, but I did read the cited paper. It's a paper from a law student published in the universities law journal. Maybe he knows what he's talking about, but I would put my money on the patent attorneys filing and being granted all the phage therapy patents. It was also published in 2019 and a lot of phage related patents have been granted since then. Is the patent office just unaware of the precedence cited in the paper? Are there any examples of phage therapy patents being challenged in court and not holding up? Here is some info from a leading IP firm on the challenges around phage patents and how to address them when filing [1]. As they pretty clearly point out there are some challenges, but creating defensible patents in this area can be and is done. These companies can pretty much always find a way to create a defensible patent if they want to. [1] https://www.nixonpeabody.com/insights/alerts/2021/03/03/patent-update-bacteriophage-applications https://www.nixonpeabody.com/insights/alerts/2021/03/03/pate...

importantbrian 4y ago

I think they might not. I will grant I'm not an expert in this area, but I did read the cited paper. It's a paper from a law student published in the universities law journal. Maybe he knows what he's talking about, but I would put my money on the patent attorneys filing and being granted all the phage therapy patents. It was also published in 2019 and a lot of phage related patents have been granted since then. Is the patent office just unaware of the precedence cited in the paper? Are there any examples of phage therapy patents being challenged in court and not holding up? Here is some info from a leading IP firm on the challenges around phage patents and how to address them when filing [1]. As they pretty clearly point out there are some challenges, but creating defensible patents in this area can be and is done. These companies can pretty much always find a way to create a defensible patent if they want to. [1] https://www.nixonpeabody.com/insights/alerts/2021/03/03/patent-update-bacteriophage-applications https://www.nixonpeabody.com/insights/alerts/2021/03/03/pate...