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GetSeriousOK

07/21/24 3:21 PM

#331014 RE: Probity #331007

What do you mean, "file for patents on Day 1?"

They'd have to be NEW patents for something that had not been patented before. If you have a patent that expires, you can't simply file an identical patent for the same thing and get a new fresh period of patent protection. If what you're saying were true, there would never be generic drugs; the drugmakers would simply file new patents.

Actually, a prospective company could have already filed for patents and beat out any other company that tries to do so, then buy out BIEL, and sell immediately as FDA clearances already in place.

Why would they have to "buy out BIEL" if they already filed new patents? The FDA clearance would not pertain to the device for which they filed their new patent because it's a new patent for a device that is different enough from the ActiPatch to justify a new patent. The FDA would make them file a new 510(k).

Much simpler and faster to strike a deal with the Chinese manufacturer and file a new 510(k). The FDA process would be similar to obtaining FDA clearance to sell a generic drug after the original drug's patent expires.

The buyout rumor is just nonsense. No entity is going to buy out BIEL, not now, not in 2025, not ever, unless BIEL sells the company in a bankruptcy liquidation, in which case existing shareholders wouldn't even get their .0001 back.