Replies to post #108158 on Biotech Values

[DewDiligence]

I would put the "win" significantly higher.

Speak quantitatively, my friend! Please give probabilities for each of the four arguments as I did in #msg-56320705; then we can have something to debate :- )

[rwwine]

"IF you can create a drug by a process, obtain a COM patent and only after it expires disclose the process (or even claim improvements to the process), file new process patents and thus double or more the TERM of patent protection for the invention, you have abused the patent system unlawfully. JMHO

(I am not a patent lawyer - so I may be missing something important. There are a couple of them here that may be able to correct me if this is wrong and I am still learning.)

The argument I have just made could be coupled with misrepresentations in the patenting process to support the inequitable conduct theory for a win. Or it could be viewed as a statutory violation and invalidated on that basis.

I do think obviousness/double patenting is the most probable basis for invalidation. "

Zip....do you still feel this way? Have your coworkers that are patent lawyers given you helpful insight that is consistent with your original statement from last November?

TIA

Rich