Bio, just to clarify the submarine patent thing is old school stuff dating back to the day when the Patent clock started on the day of issuance. So what they were doing was delaying the issuance of the patent by adding subsequent claims over time. At a high-level agree with your comments but I can tell you in practice many times when you decide to file a patent can be a game-time decision. As mentioned you have all year from introduction of a product. And the more you delay the more risk you assume of a competitor having documented prior art a year before your filing. In practice what you want to do documented internally as early as possible any potentially patentable art. If a competitor files a patent on the same intellectual art before you do and you can document prior art a year before their filing you can practice same art under the protection of the patent assigned to the competitor. Documenting art was something we became more disciplined on as it can’t be back of the napkin stuff. In that context I would argue documenting internally your art is more important than filing date.
In regards to the context* of my question I don’t think NWBO was running much risk as industry had given up on DC vaccines and they’re not toying with the Flaskworks system.
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