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Thursday, March 17, 2022 7:13:12 PM
On the issue of Flaskworks.
Patents for cell treatments like DCVax are not on the cell itself unless you’re doing something to the cell, and then it is intellectual protection for the process.
A blood draw can be performed by anyone. The science, once a company does a so year set of trials and reveals all of the details of their science, becomes easily replicable.
The IP is in the processes, that create the drug, and for what purposes. Therefore handing off the Flaskworks machines to another company at this stage, when they can likely do the work themselves and control even more IP, probably improve processes and get even more important IP that they control, would seem like a poor idea. It could be done, no doubt and it does happen every day, but a lot of IP is best protected not just with patents but by trade secret, which has no expiration date. Much of what they learn in the process of implementation and evolving their systems is incredibly important to keep close to the vest, in their own facility. Yes, they have workers under contract in their factory, and under contract, but it is a much more controlled environment and the legal arguments for trade secret protection and IP protection are much tighter under these conditions. Plus they do not have a contract yet for commercial manufacturing with anyone else. They have other contracts, some of which create appropriate and still existing terms and options, but they can for now, while they are certifying the equipment, focus their resources and attention there, in their own factory, instead of on managing another company as well, that is geographically somewhere else.
Patents for cell treatments like DCVax are not on the cell itself unless you’re doing something to the cell, and then it is intellectual protection for the process.
A blood draw can be performed by anyone. The science, once a company does a so year set of trials and reveals all of the details of their science, becomes easily replicable.
The IP is in the processes, that create the drug, and for what purposes. Therefore handing off the Flaskworks machines to another company at this stage, when they can likely do the work themselves and control even more IP, probably improve processes and get even more important IP that they control, would seem like a poor idea. It could be done, no doubt and it does happen every day, but a lot of IP is best protected not just with patents but by trade secret, which has no expiration date. Much of what they learn in the process of implementation and evolving their systems is incredibly important to keep close to the vest, in their own facility. Yes, they have workers under contract in their factory, and under contract, but it is a much more controlled environment and the legal arguments for trade secret protection and IP protection are much tighter under these conditions. Plus they do not have a contract yet for commercial manufacturing with anyone else. They have other contracts, some of which create appropriate and still existing terms and options, but they can for now, while they are certifying the equipment, focus their resources and attention there, in their own factory, instead of on managing another company as well, that is geographically somewhere else.
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