My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
Biotech patent law, while good at protecting biotechnology and its inventors, is still somewhat of a minefield when it comes to getting legal patents on original biotech. There are just so many pitfalls to this field where medicine merges with technology, and what you think you have invented, someone has often already invented ahead of you. Some common pitfalls are as follows, as well as how you can know for sure that your invention is original enough for a biotech patent.
A Very Similar Invention Is Already in Production
Inspiration is nothing if someone has already beaten you to the punch. The trouble with inventing a biotech product is that it can be hard to know that someone else already has a very similar product under development. That is because they have reached the secretive development phase, where no one is allowed to talk about the product until it is deemed safe for public use and it has passed all government inspections, rules, and regulations. The only way you could possibly know that a similar product is already in production is if your patent lawyer does some research to find the hush-hush projects belonging to other inventors who are working with other companies. Even then, the only thing your lawyer can tell you is that your product is a copycat, and that he/she cannot tell you more because of the strict policies governing research and development of new biotech.
There Is Zero Info, So You Proceed and Then You Are Sued
Your lawyer could do an outstanding job trying to find out if there are any products in production or R&D modes that may have a conflict with your own, but it could still backfire. He/she might tell you to go ahead and get a patent, but then the patent office would refuse it, and your lawyer would have to dig around and find out why. If you somehow manage to get your item patented, and then a duplicate shows up and the inventor/company wants to sue you for copying them, your lawyer would have to dig around a lot more to find out who succeeded in getting a patent first, even though there was no prior evidence to show that either of you had a patent yet.
How to Know for Sure That Your Biotech Invention Is Worth Patenting
Your lawyer can run through hundreds, even thousands, of patents with similar-sounding products and projects. If he/she cannot find anything like what you have made, you should file a patent. Someone else may be filing a similar patent, but the person who will win in the end is usually the person whose invention has an earlier filing date and a more unique function or appearance.
For more information, contact a biotech patent law firm in your area.