IP #4 Liesbet Paemen

Question 1

You find that Aloe vera compound X has a woundhealing effect
» The Aloe vera compound is known as a soap so you
can not get a claim to the compound itself.
» How do you draft a claim to protect it?

Answer 1

Aloe Vera Compound X for use as a medicament

Question 2

» You find that aspirin has an antiviral effect
» How do you draft a claim to protect it

Answer 2

Aspirin for use as in the treatment of viral infections

Question 3

New Compound X can be used to kill off
viruses in cells
» How do you draft a claim to protect it?

Answer 3

Compound X
Compound X for use as a medicament
Compound X for use in the treatment of viral infections

Question 4

You find that antibody X, when radiolabelled can be used to determine prognosis of cancer . what can you protect?

Answer 4

Antibody X for use in the diagnosis of cancer

Question 5

for use claim is limited to compounds and compositions. what is excluded?

Answer 5

» Not for medical devices: shunts,
stents, implants, compresses
» Not for x-rays, other types of waves
» Not for robots performing surgery

Question 6

Can you claim novel apllication of an already existing medical device?

Answer 6

no

Question 7

» A method for treating a patient suffering from arthritis with an anti-TNF antibody. patentable?

Answer 7

no

Question 8

An anti-TNF antibody for use in a method of treatment of arthritis. patentable?

Answer 8

yes

Question 9

Use of {(1S,4R)-4-[2-amino-6-(cyclopropylamino)-9H-purin-9-yl]cyclopent-2-en-1-yl}methanol in the treatment of HIV. patentable?

Answer 9

no

Question 10

» {(1S,4R)-4-[2-amino-6-(cyclopropylamino)-9H-purin-9-yl]cyclopent-2-en-1-yl}methanol for use in the treatment of HIV. patentable?

Answer 10

yes

Question 11

differences patentability between USPTO and EPO

Answer 11

• methods of treatment patentable in US but not in europe
• isolated DNA patentable in europe but not in US anymore
• diagnosis: in us certain in vitro methods of diagnosis not patentable anymore, in EU in vitro diagnosis = patentable but in vivo diagnosis = not patentable

Question 12

why is in vitro diangosis not patentable in US

Answer 12

because in increase is marker is just observving a natural phenomenon

Question 13

1. In vitro method for diagnosing an increased risk of a thrombus associated disease in an individual comprising analysing nucleic
   acid isolated from said individual for the presence of a t-PA (tissue plasminogen activator) Alu-h I allele, wherein detection of said t- PA Alu-h I allele is indicative of such increased risk. patentable?

Answer 13

in EU: patentable, in US: not patentable

Question 14

enablement?

Answer 14

enabling disclosure so PSA can reproduce the invention

Question 15

If it is known that patients suffering from arthritis have decreased
levels of compound X in their blood is it inventive to show that
administration of this compound can be used to treat arthritis? inventive?

Answer 15

well.. i think PSA would have thought about this so in the strict sense it is not inventive, but that reduced level is not necessarily causal for disease..

Question 16

Is it inventive to..
» Find that the CRISPR system which was shown to work in vitro
also works in a eukaryotic cell?

Answer 16

depends on how easy / difficult it was, the records show that the people doign the in vitro work in bacteria never could prove to make it work in an eukaryotic cell so that helps a lot.

Question 17

sufficiency

Answer 17

= enablement = enabling disclosure

Question 18

identification of a novel receptor X involved in disease Y. typical invention, is that commercially attractive?