Replies to post #426810 on NorthWest Biotherapeutics Inc (NWBO)

[flipper44]

I’d look at it another way. Would an accurate company acquisition valuation be possible without knowing whether or not they also get a combination patent?

[Poor Man -]

Glad you said that.

There is obviously a checklist of conditions that need to be satisfied before an offer to purchase will become effective. If this is a critical patent, then it’s most certainly on that list. The urgency is interestingly as well, although they have every reason to push hard on everything at this stage regardless of a buyout or not.

[The oNiOnHEAd]

Improvements are, of course, an important part of a patent strategy. If the patent holder doesn't find an improvement to their own patent, someone else will likely try. If successful, they will file for IP protection. If granted, they will then hold a share over the combination of basic patent with improvement. When the original patent expires, only the holder of the improved patent will have a right to the improved version. Potential buyers would much less prefer to deal with two IP competitors, rather than one. And getting the improvement IP holder to license the improvement might turn out to be not only much more expensive, but impossible.

And who knows - the right improvement might increase treatment effectiveness by 10x.


NWBO holds the following patents:

https://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&p=1&f=S&l=50&Query=aanm%2Fnorthwest+and+aanm%2Fbiotherapeutics&d=PTXT

NWBO is named as an applicant in the following Patent Applications:

https://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=northwest&FIELD1=AANM&co1=AND&TERM2=biotherapeutics&FIELD2=AANM&d=PG01


These searches do not include NWBO as an assignee, which is also very important, so this is not an exhaustive search.

I would say improvements are not a requirement for Merck interest, but could certainly make NWBO more attractive. If prior art in the improvement was discovered, and the improvement was found to be important, that could hurt NWBO. This does more than answer your question, but is fielded in such a way as to inform others.