If I protect a biotech invention as a trade secret, does that keep a patent holder from proving infringement?

質問

Hello everybody! I would like to ask a question regarding trade secrets and patent infringement: Assuming I have evolved some protein, using certain directed evolution techniques, that performs a specific function. Another person has a very broad patent attempting to cover all directed evolution techniques, lots of which have been in use for many years, and some sequences he or she discovered using them. The protein sequence I have evolved is different than any of the sequences covered by the patent, but is within 3% similarity, which in his patent says is the amount necessary to be considered covered by his patent. Lets say for the sake of the argument that the residues which are different provide the catalytic activity, so that 3% is what creates my proteins function. I would like to avoid any danger of patent infringement and the costs of potential litigation, etc. But what if I keep my proteins sequence and the method I used to create it a trade secret? Would that not also reduce the risk of anybody proving any infringement in the first place?

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回答: 2 public & 0 非公開

6ae6ecfd59
弁理士

Another possibility would be to patent your own protein (assuming that this protein is not an existing natural product and if it is new and not Obvious over the prior art; to my opinion you have established this at least over the patent of your competitor). If you get an allowance on such a specific patent you have your won patent position and you could use that to negotiate with the holder of the mor general patent, would that be necessary.

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