NorthWest Biotherapeutics Inc (NWBO)

[biosectinvestor]

1) not if the exclusive rights are expiring; 2) not if there are multiple parties with similar agents, which is the case with the combination patent.

The fact is, the combination patent does not and should not require one company's drug. The best option is to do deals with each provider, the less advantageous but probably most lucrative route up front (most likely a buyout or exclusive partnership) would be a deal with one of the companies like Merck.

Yes, combination patents for still active patents requires a license one way or the other. Not really a bad situation in this case.

The most benefitted companies will be those looking at expiration of their older patent not only getting much more time, but an agent that changes the ballgame with regard to all the competitors.

It also serves as a block in that all the large players in this field can't get this patent or even necessarily earlier claims that were rejected but might yet be revived in a new application.

And that provides Freedom to Operate.