Dilmena Powerpoint

Stephanie Nishi Spencer Lee Andrew Walnum Gurmeet Marwaha Period 5, Biotechnology

The Scenario What can Biotex offer this scientist in order to avoid going out of business?

Biotex: Question 1 Is the MA Scientist’s patent legitimate? ,[object Object],[object Object],[object Object],[object Object],[object Object]

[object Object],[object Object],[object Object],[object Object],[object Object],Biotex: Question 1 FDA POINT OF VIEW – has the scientist been investigated?

[object Object],[object Object],Biotex: Question 1 Patient Advocacy Group Opinion

Biotex: Question 2 Is there any way to fight the patent and get out of paying the $20 million? ,[object Object],[object Object],[object Object],[object Object],[object Object]

Biotex: Question 2 Is there any way to fight the patent and get out of paying the $20 million? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

[object Object],[object Object],[object Object],[object Object],Drug Inventor has the right to charge buyers directly for using his drug However, as you will see in the following slide, there are MANY types of patents that protect specific parts of the inventor’s research – e.g. method/process of drug creation, specific components of drug, etc.

Type Description/Regulations When is it used? Applicable to Dilmena #6? Composition ,[object Object],[object Object],[object Object],To form drugs by combining 2 ingredients, known or unknown, and claiming that specific combination as one’s own research Maybe. MA Scientist could have patented his specific combination of the protein and other materials used to extract the protein as his OWN research. He MUST have stated the specific application and function of the protein to receive this patent Formulation ,[object Object],[object Object],[object Object],[object Object],Allows inventor to control means of manufacturing his drug/research No. There is no evidence at this time that the MA Scientist PRODUCED a drug based on his research of the cancer-curing protein. Biotex cannot be held responsible for the production of the drug, but the rights of usage of the protein remain unclear. Method or Process Protects the process or method used to PRODUCE the drug Patents method of harvesting, extracting, or fabricating specific components of a product of research Yes. MA Scientist could patent the way he extracted the cancer-curing protein

Type Description/Regulations When is it used? Applicable to Dilemna #6? Use or Application Patents the effect of the compound, composition, or drug product on specific living organisms (e.g. humans, pets, etc.) Patents rights of usage of component for specific causes Yes. This is a worst-case scenario. MA Scientist, if he stated that this protein cures cancer, patented rights over the application of this protein as a cure for cancer. Compound ,[object Object],[object Object],[object Object],[object Object],Allows inventor to claim rights over discovery of the leaves with the cancer-curing protein Yes. This is also the worst-case scenario. MA Scientist has full legal control over the usage of these leaves.

Solution 1: Patent on Method ,[object Object],[object Object],[object Object],[object Object],[object Object]

Solution 2: Patent on Composition ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Solution 3: Possibility of Formulation Patent ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

Solution 4: Patent on Compound ,[object Object],[object Object],[object Object],[object Object],[object Object]

Other Suggestions ,[object Object],[object Object],[object Object],If Biotex cannot find a way to win a lawsuit against the scientist, it may be better to develop a mirror-image of the drug molecule. ,[object Object],[object Object],[object Object]

Works Cited ,[object Object],[object Object]

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