You also need to learn about the exhaustion doctrine of patent rights and the exclusion doctrine of patent infringement related to medical practices. In the United States, both cases have been decided in the Supreme Court. It must be noted that biotechnology patents are an exception to the medical practices.
There is certainly a risk of submarine patents, where patent trolls who focus on your implementation later acquire a patent right based on your product. In this case, it is important to find a patent including the DNA or RNA base sequence to be a target of the planned PCR. If it is or it has a divisional application or a continuation application, you need to strongly pay attention to them, but if these applications have not been filed, the risk of a submarine patent may become low.
If a sample extracted from patient is to be identified using PCR, patents related to PCR itself should also be very important. A sample extraction method using PCR and a measurement method using PCR are exemplified.
The samples extracted from patient are parts of a vaccine, but they have already been altered somehow in the body, so they probably won't look exactly like the patents disclosed by Pfizer, Moderna etc. If the plasmid DNA fragments are to be extracted, it is highly unlikely that such arbitrary fragments would be granted patent rights. This is because the very idea of patenting plasmid DNA fragments itself is unproductive and ridiculous.
In my opinion, the method of extracting plasmid DNA fragment (including genomic integration site) from the body of an mRNA vaccine recipient and amplifying and detecting it (diagnosing medical conditions) using PCR seems to be patentable in itself (lol). This is because the very idea that plasmid DNA fragments existed in the body was an improbable idea until now.
In any case, it is important to pay attention and search for patents, and it is great to publicly call out their existence.
Thank you for your great work!
You also need to learn about the exhaustion doctrine of patent rights and the exclusion doctrine of patent infringement related to medical practices. In the United States, both cases have been decided in the Supreme Court. It must be noted that biotechnology patents are an exception to the medical practices.
There is certainly a risk of submarine patents, where patent trolls who focus on your implementation later acquire a patent right based on your product. In this case, it is important to find a patent including the DNA or RNA base sequence to be a target of the planned PCR. If it is or it has a divisional application or a continuation application, you need to strongly pay attention to them, but if these applications have not been filed, the risk of a submarine patent may become low.
If a sample extracted from patient is to be identified using PCR, patents related to PCR itself should also be very important. A sample extraction method using PCR and a measurement method using PCR are exemplified.
The samples extracted from patient are parts of a vaccine, but they have already been altered somehow in the body, so they probably won't look exactly like the patents disclosed by Pfizer, Moderna etc. If the plasmid DNA fragments are to be extracted, it is highly unlikely that such arbitrary fragments would be granted patent rights. This is because the very idea of patenting plasmid DNA fragments itself is unproductive and ridiculous.
In my opinion, the method of extracting plasmid DNA fragment (including genomic integration site) from the body of an mRNA vaccine recipient and amplifying and detecting it (diagnosing medical conditions) using PCR seems to be patentable in itself (lol). This is because the very idea that plasmid DNA fragments existed in the body was an improbable idea until now.
In any case, it is important to pay attention and search for patents, and it is great to publicly call out their existence.
I express my utmost respect for your work.
These guys must HATE you for this
Ah, Murray Rothbard. This Rothbardian and fellow enemy of the state is annoyed by Hotez ruining my love of men who wear bowties.