Abstract
The aim of this chapter is to provide some key information on patents and the patent system to assist someone embarking on the design, development, and commercialization of new antisense drugs.Here I outline certain key topics such as what is a patent ? why patent ? how do I protect my molecule with a patent ? confidentiality, searching for the same or similar molecules in the prior art, data requirements, the patenting timeline and freedom to operate.
Highlights
When embarking on a research and development program for any therapeutic, including an antisense drug, it is crucial that appropriate consideration be given to patents and the patent system
The aim of this chapter is to provide a basic understanding of the patent system for someone embarking on a research program to discover and develop a therapeutic antisense drug
While some countries, such as USA, provide for a “grace period” that allow prior publications from the inventor, made within a limited period before the filing date of their patent application, to be discounted from the prior art when assessing patentability, allowing a patent application to be filed after an earlier publication, it is a mistake to rely on this facility because “grace period” provisions only exist in a few countries
Summary
When embarking on a research and development program for any therapeutic, including an antisense drug, it is crucial that appropriate consideration be given to patents and the patent system. It is important to consider third-party patents in case these impede the ability to commercialize the therapeutic. The aim of this chapter is to provide a basic understanding of the patent system for someone embarking on a research program to discover and develop a therapeutic antisense drug. The patenting of a putative therapeutic molecule is usually crucial to the commercial success of the therapeutic. It is recommended that you engage the services of a patent professional with expertise in handling antisense oligonucleotide patent portfolios at the earliest opportunity and keep them appraised of developments in the research program throughout
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